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190/ 

University  of  Pennsylvania 


THE 


PROCEEDIiNGS   AT   THE    DEDICATION 

OF  THE  NEW  BUILDING   OF  THE 

DEPARTMENT  OF  LAW 


February  21st  and  22nd 
1900 


COA\PlLED  BY 
GEORGE  ERASMUS  NITZSCHE  CV 

At  the  Request  of  the  Faculty  of  the  Department 
of  Law 


PHILADELPHIA 

IQOI 


XJU 


MlSTORT 

Copyright,   1901, 
By  University  of  Pennsylvania. 


TAe  edition  of  this  book  is  limited  to  jjo  copies, 
of  which  this  is  No ^...&..fy 


yikP88 


PBES.S   Olf 

INTEHNATIONAL    PHINTINO    CO. 

eOl    CHESTMUX    ST. 


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^ciAovs  cV  Yale    1^  ^w   Journal 


CONTENTS. 

I                    I.    Report  of  Proceedings I 

~^               II.   Dedication  of  New  Building  of  the  Law  Department    ...  3 

T*                              (a)  Prayer  by  Bishop  Whitaker      3 

(d)  Address  of  Provost  Harrison 5 

(t)  Address  of  Mr.  Samuel  Dickson 8 

(</)  Address  of  Mr.  William  Draper  Lewis 17 

(<')  Address  of  Mr.  James  Barr  Ames 25 

III.  .Meeting  at  Academy  of  Music 45 

(a)  Address  of  Hon.  John  M.  Harlan 45 

{d)  Address  of  .Sir  Charles  Arthur  Roe 72 

IV.  Reception  at  University  Club 86 

V,    "University  Day"  Exercises 87 

(a)  Conferring  of  Honorary  Degrees  in  University  Council  88 
{/>)  Reading  of  Credentials  of  Representatives  of  O.xford 

and  Cambridge 88 

(r)  Reading  of  letter  of  Frederic  William  Maitland    .    .  89 

(rif')  Introductory  Address  of  Provost  Harrison 93 

(<•)  Address  of  Mr.  Wu  Ting-Fang 97 

VI.    Reception  by  the  Historical  Society  of  Pennsylvania  ...  iio 

VII.    Inspection  of  University  Grounds  and  Buildings      ....  iio 

VIII.    Reception  by  the  Pennsylvania  Debating  Union 110 

I.\.    Dedication  of  Price  Hall 110 

((t)  Introductory  Remarks  of  Provost  Harrison    ....  110 

(^)  Address  of  Mr.  Hampton  L.  Carson iii 

(f)  Address  of  Mr.  G.  B.  Finch 121 

X.    Dinner    Commemorative    of     the    Opening    of    the    New 

Building 132 

(a)  Reproduction  of  Programme  and  Menu  Card      ,    .   133-146 

iii 


3^0  9 

MAY  3  0  1902 


iv  Contents. 

(d)  Introductory  Remarks  of  Mr.  Samuel  Dickson  ...  147 

(c)  Installation  of  Mr.  William    U.    Hensel  as    Toast- 

master   154 

(d)  Toasts  ;- 

1.  "  The  Memory  of  Washington  " 154 

2.  "The  Judiciary,"  Hon.  George  Gray    ...  155 

3.  "The    University   of  Oxford,"  Sir  Charles 

Arthur  Roe 162 

4.  "  The  University  of  Cambridge,  "  Mr.  G.  B. 

Finch 164 

5.  "The    University  of  Pennsylvania,  "     Mr. 

George  Wharton  Pepper    .'.....  166 

6.  Remarks  of  Dr.  Francis  L.  Patton 171 

7.  "The    American    Lawyer,"     Mr.    John   E. 

Parsons        172 

8.  "The  Philadelphia  Lawyer,"  Mr.  Richard  C. 

Dale 179 

.  9.   Remarks  of  Mr.  Wu  Ting-Fang 183 

XI.   Appendix  :- 

(«)  Special  Guests  of  the  University 189 

(d)  Committeesof  Organizations  Aiding  in  the  Dedication 

of  the  New  Building  of  the  Law  School  ....  199 

1.  Law  Association  of  Philadelphia 199 

2.  Law  Academy  of  Philadelphia 199 

3.  Lawyers'    Club 199 

4.  Pennsylvania  Bar  Association 199 

5.  Historical  Society  of  Pennsylvania 200 

6.  University  Club 200 

7.  Society  of  the  Alumni  of  the  LawDepartment  200 

8.  General  Alumni  Society,  U.  of  P 200 

9.  Philadelphia  Bar 201 

(c)  Memorials  and  Inscriptions  in  the  New  Building    .    .  205 

(d)  History  of  the  Department  of  Law  of  the  University 

of  Pennsylvania — By  M.  C.  Klingelsmith  ....  213 


ILLUSTRATIONS. 

Law  School  Building Frontispiece 

Reproduction  of  Invitation  to  Dedicatory  Exercises vii 

Reproduction  of  Programme  of  Dedicatory  Proceedings ix-xi 

Facsimile  of  Certificate  of  Appointment  of  James  Wilson,    First 

Professor  of  Law i 

C2uarters  of  the  Department  of  Law  at  Sixth  and  Chestnut  Streets, 

1895-1900 5 

McKean  Hall  (Room  in  which  addresses  were  made) 25 

Facsimile  of  Invitation  of  the  University  Club 87 

Credentials   of  the  Representative    of  the  University  of  Oxford, 

England 88 

Credentials  of  the  Representative  of  the  University  of  Cambridge, 

England 88 

Facsimile  of  the  Letter  from  Frederic  William  Maitland,  LL,  D  .   89-92 
Horticultural  Hall  ;  Academy  of  Music  ;  Pennsylvania  Historical 

Society  ;    University  Club 97 

Facsimile  of  Invitation  of  the  Historical  Society in 

Reproduction  of  Invitation  to  Commemorative  Dinner  at  Horticul- 
tural Hall 131 

Reproduction  of  Programme,  Menu  Card,  etc 132-147 

Diagram  of  Tables  and  Seats  in  Horticultural  Hall 184-185 

James  Wilson,  First  Professor  of  Law 213 

Homes  of  the  Law  School  1790-1900 217 

(<i)  Academy,   1790- 1802. 

{d)   Presidential  Mansion,   1802-1829. 

(c)  Arts  Huilding,  1829-1873. 

(d)  College  Hall,  1873-1888. 
(f)  Girard  Huilding.  1888-1895. 
(/)  Congress  Hall,  1895-1900. 

V 


vi  Illustrations. 

George  Sharswood 222 

Quarters  in  "  Congress  Hall  "  and  New  Court  House,    1895-1900     228 

(a)  Chamber  of  House  of  Representatives  in  "  Con- 
gress Hall." 

(d)  Old  District  Court  Room  in  "Congress  Hall." 

(c)  Old    Criminal    Court    Room    in    ' '  New  Court 

House." 
{(f)  View  of  Quarters  from  Independence  Square. 

(e)  "  New  Court  House." 

(/)  Moot  Court  Room  in  "  New  Court  House.' ' 

Biddle  Law  Library  (stack  room) 232 

Some  Interior  Views  of  New  Building 238 

(a)  Wharton  Hall. 

(b)  A  View  of  the  Staircase. 
{c)  Price  Hall. 

(d)  Students'  Conversation  Room. 
(<f)  A  Corner  of  the  Main  Hallway. 
(/)  The  Moot  Court  Room. 

The  Dormitories— the  "  Little  Quad  " 245 

Houston  Hall  (interior  of  main  hall) 247 

Franklin  Field 249 


IX 


TJKIVKRSITY  OF  PENNSYLVANIA 


OPENING  OF  THE  NETV^  BUTLDING 


OP    THE 


DKPRATMENT   of   TaAJW 
Thirty-fourth  and   Chestnut   Strbbts 

Febkuary  Twkjsty-first  and  Twenty-second 

1900 


Guests  ark  requested  to  mention  upon  which  occasions 

THEY    EXPECT   To    BE    PRESENT.       ON    FEBRUARY    9TH, 
CARDS   OF   ADMISSION    WILL   BE   MAILED. 


Wednesday,  February  Twenty-first. 


1.30.  Reception  and  Luqch  in  the  New  Building,  by 
tl^e  Society  of  il\e  Alumni  of  the  Depart- 
nrieqt  of   Law. 

2  30.      Inspection  of  the  Building. 

3.30.     Opening   Exercises,   and   Dedicatioq  of  McKean 
Sharswood,  aqd  McMurtrie  Halls. 
Addresses  by 

Provost  Harrison. 

Samuel  Dickson,  Esq.,  Chairman  of  the  Law 
Committee. 

William  Draper  Lewis,  Ph.  D.,  Dean  of  the 
Law  Faculty. 

James  Barr  Ames,  A.  M.,  Dean  of  the  Law 
School  of  Harvard  University. 

8.30.      Meeting  at  the  Annerican  Academy  of  Music 
Addresses  by 

The  Hon.  John  Marshall  Harlan,  Senior 
Associate  Justice  of  the  Supreme  Court  of 
the  United  States. 

The  Hon.  Sir  Charles  Arthur  Roe,  LL.  D., 
representing  the  University  of  Oxford. 

Mr.  G.  B.  Finch,  A.  M.,  representing  the 
University  of  Cambridge. 


XI 


Thursday,  February  Twexty-second. 

Wasuixgtoxs  Bihthdat— Univeusity  Day. 


1.00.     At  the  American  Academy  of   Music. 

Address  by 

His   Excellency   NVu  Ting-fang,  the   Chinese 
Minister. 

Conferring  of    Honorary   Degrees. 


4.30.      Dedication  of    Price  Hall,  in  the  New  Building. 

Address  by 

Hampton    L.   Carson,    LL.   D.,   Professor  of 
Law. 


V 


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THE 

PROCEEDINGS 

AT  THE 

Dedication  of  the  New  Building  of  the  Department 
of  Law  of  the  University  of  Pennsylvania. 

Philadelphia, 

February  21st  and  zzd, 

1 90 1 . 


First  Day» 

On  Wednesday,  February  twenty-first,  at  half-past 
one  o'clock,  a  reception  was  tendered  the  guests  of  the 
University,  in  the  new  Law  Building,  by  the  Society  of 
the  Alumni  of  the  Department  of  Law.  The  reception 
was  held  in  Sharswood  Hall,  the  Board  of  Managers 
of  the  Society,  the  Provost  of  the  University,  the  Com- 
mittee of  the  Trustees  on  Law  and  Legal  Relations  and 
the  Faculty  of  the  Department  of  Law  receiving  the 
guests  on  behalf  of  the  Society,  assisted  by  a  reception 
committee  composed  of  the  following  ladies : 

Mrs.  John  C.  Bell.  Mrs.  William  K.  Mikell. 

Mrs.  George  T.  liispham.  Mrs.  John  W.  I'atton. 

Mrs.  Francis  H.  Bohlen.  Mrs.  Samuel  W.  I'ennypacker 

Mrs.  Hampton  L  Carson.  Mrs.  (George  W.  Pepper. 

Mrs.  Samuel  Dickson.  Mrs.  Eli  K.  Price. 

Mrs.  Joseph  .S.  Harris.  Mrs.  Frank  P.  Prichard. 

Mrs.  Charles  C.  Harrison.  Mrs.  William  Sellers. 

Mrs.  Harry  S.  Hopper.  Mrs.  Kdgar  F.  Smith. 

Mrs.  William  Draper  Lewis.  Mrs.  William  M.  Stewart,  Jr. 

Mrs.  O.  W.  Whi taker. 


2  Luncheon  and  Afternoon's  Exercises. 

A  luncheon  was  served  in  McMurtrie  Hall,  and  the 
building  was  then  thrown  open  for  inspection  until  three 
o'clock. 

At  half-past  three  o'clock  the  guests  and  officers  of 
the  University  and  the  students  of  the  Law  Department 
having  assembled  in  the  class  rooms  on  the  first  floor, 
the  representatives  of  Universities,  Colleges  and  Law 
Schools,  and  the  Faculty  and  students  of  the  Law  Depart- 
ment of  the  University  of  Pennsylvania,  being  all  in  aca- 
demic dress,  moved  in  procession  to  McKean  Hall,  where 
the  afternoon's  exercises  were  held.  The  order  of  the 
procession  was  as  follows  : — 

Vice-Provost  and  Trustees  of  the  University. 

Special  Guests  of  the  University. 

University  and  College  Presidents. 

Members  of  the  Federal  Judiciary. 

Members  of  the  Supreme  Court  of  Pennsylvania  and  the 
Courts  of  last  resort  of  other  States. 

Members  of  the  Superior  Court  of  Pennsylvania. 

Members  of  the  Common  Pleas  and  Orphans'  Courts  of 
Pennsylvania,  and  other  Courts  of  Record  of  other 
States. 

Representatives  of  Law  Schools 

Representatives  of  Bar  Associations  and  members  of  the 
Bar  being  special  guests. 

The  Faculty  and  other  members  of  the  teaching  force  of 
the  Department  of  Law. 

Students  of  the  Department  of  Law  by  classes. 

Members  of  the  Reception  Committee. 

All  other  Guests. 


Prayer  of  Bishop  Whitaker.  3 

Charles  Custis  Harrison,  LL.  D.,  Provost  of  the 
University  presiding^,  introduced  the  Rt.  Rev.  Ozi  W. 
Whitaker,  D.D.,  LL.  D.,  Bishop  ot  Pennsylvania,  who 
opened  the  exercises  with  the  following  prayer : 

O  God,  the  Father  of  Lights,  the  source  of  all  knowl- 
edge and  power  ;  the  Ruler  of  the  universe,  the  Judge  of 
all  the  earth  ;  bv  whom  nations  exist  and  sovereigns  rule 
and  judges  exercise  authority  ;  we  adore  Thee  and 
magnify  Thy  glorious  Name  for  all  the  blessings  we  enjoy. 

We  thank  Thee  for  civil  and  religious  liberty,  and  for 
all  the  favorable  conditions  of  our  lives,  and  for  the  com- 
pletion of  this  work  which  has  brought  us  together  this 
day.  Grant,  O  Lord,  that  we  may  show  forth  our  thank- 
fulness for  all  Thy  benefits  by  making  a  right  use  of  them 
for  Thy  glory  and  for  the  welfare  of  mankind.  We  im 
plore  Thy  blessings  upon  all  in  legislative,  executive  and 
judicial  authority,  that  they  may  have  grace,  wisdom  and 
understanding  so  to  discharge  their  duties  as  most  eft'ect- 
ually  to  promote  the  interests  of  true  religion  and  virtue, 
and  the  peace,  good  order  and  honor  of  the  state  and 
nation.  We  ask  Thy  blessing  upon  the  University  of 
Pennsylvania,  and  especially  now  upon  that  department 
of  its  instruction  and  work,  for  whose  use  this  temple  of 
justice  has  been  erected.  Wilt  Thou  enlighten  with  Thv 
perfect  light  the  minds  of  all  those  Thy  servants  who  shall 
be  appointed  to  teach  in  this  School  of  Law.  May  thev 
have  wisdom  for  the  wide  range  of  duties  devolving  upon 
them  ;  may  they  realize  that  all  human  laws  should  be 
but  the  application  of  Divine  Law  to  the  varying  condi- 
tions and  relations  of  men,  and  may  all  their  teaching  be 
in  the  fear  of  God,  and  in  the  love  of  righteousness  and 
truth. 

And  wilt  Thou  grant,  O  Lord,  that  all  who  shall  here 
receive  instruction  in  the  principles  antl  methods  of  their 
chosen  profession  may  be  animated  by  the  same  s|)irit. 
By  their  love  of  justice  and  their  reverence  for  law,  may 


4  Prayer  of  Bishop  Whitaker, 

their  influence  be  to  purify  and  elevate  the  morals  of  the 
people,  and  may  they  show  forth  what  they  shall  have 
learned  here  by  steadfastness  of  principle  and  the  main- 
tenance of  every  righteous  cause. 

To  these  high  and  holy  ends,  O  God,  we  dedicate 
this  building,  in  Thy  name ;  beseeching  Thee  to  remem 
ber  for  good  all  those  by  whose  generosity  it  has  been 
erected  ;  all  who  shall  give  or  receive  instruction  within 
its  walls  ;  and  all  who  are  in  any  way  connected  with  its 
work ;  and  wilt  Thou  grant,  O  Lord,  to  these,  and  to  all 
this  people,  an  abiding  sense  of  the  great  truth  that  the 
only  security  for  the  continuance  of  the  blessings  which 
all  enjoy,  consists  in  our  recognition  of  Thy  sovereign 
and  gracious  Providence,  and  in  humbly  following  the 
teachings  and  example  of  Thy  Son  Jesus  Christ,  our  Lord, 
in  whose  words  we  unite  in  praying  unto  Thee:  Our  Father, 
who  art  in  Heaven,  hallowed  be  Thy  name.  Thy  Kingdom 
come.  Thy  will  be  done  on  earth  as  it  is  in  Heaven.  Give 
us  this  day  our  daily  bread.  And  forgive  us  our  tres- 
passes, as  we  forgive  those  who  trespass  against  us.  And 
lead  us  not  into  temptation,  but  deliver  us  from  evil.  For 
Thine  is  the  kingdom,  and  the  power,  and  the  glory, 
forever  and  ever.     Amen. 

The  grace  of  our  Lord  Jesus  Christ,  and  the  love  of 
God,  and  the  fellowship  of  the  Holy  Ghost,  be  with  us  all 
evermore.     Amen. 


Address  of  Provost  Harrison.  5 

Provost  Harrison  delivered  the  address  of  wel- 
come, speaking  as  follows  : 

Ladies  and  Gentlemen  :  I  need  not  confess  with  how 
much  pleasure  the  University  greets,  this  afternoon,  its 
guests  from  far  and  near.  The  occasion  is  certainly  one 
which  may  well  touch  us  all  with  a  flush  of  modest  pride  ; 
— for  the  day  marks  not  only  the  dedication  of  a  noble 
building  to  a  true  subject  of  University  study  ;  but  it  also 
marks  a  new  era  in  the  history  of  the  Law  School. 
Hitherto,  the  Department  of  Law  has  been  without  a 
home  and  fireside  of  its  own,  and  for  the  greater  part 
of  its  life  it  has  been  separate  and  apart  from  the  Uni- 
versity— a  School  of  Law,  but  hardly  a  University  School 
of  Law.  It  has  missed  the  contact  with  the  daily  life 
of  the  University,  and  the  University  has  missed  the 
influence  of  the  School.  The  mother  has  had  an  adult 
child  in  separate  and  distant  lodgings.  Hereafter  and 
henceforth,  we  are  all  to  be  together. 

The  Trustees  desire  me  at  this  time  to  express  their 
sincere  thanks  for  the  public  interest  and  the  private 
munificence  which  have  made  their  purposes  possible 
to  the  extent  we  see  to-day.  During  all  the  time  in 
which  our  plans  were  forming,  the  City  of  Philadelphia 
has  given  us  patient  and  free  use  of  the  court  house  and 
court  rooms  not  far  from  that  "  Old  Building "  where 
James  Wilson  delivered  his  first  law  lecture  before  the 
University,  1 10  years  ago — and  that  act  of  public  thought- 
fulness  is  to-day  well  retaliated  by  this  result  of  many 
private  gifts.  Through  these  alone  and  in  entire  depend- 
ence thereon  has  this  building  been  erected.  It  is  a 
danger,  1  l)elieve,  in  such  University  undertakings  as 
this,  to  think  too  much  of  the  present  and  not  enough 
of  the  future  ;  but  I  feel  that  in  this  latest  work  we  have 
emptif'd  our  (juiver  of  its  arrows.  The  patience  and 
care  and  affection  with  which  our  plans  and  purposes 
have  been  safe-guarded  by  the  Faculty,  the  Architects, 
and  the  Law  Committee  of  the  Trustees  mav  have  been 


6  x'\ddress  of  Provost  Harrison. 

equalled  at  other  times  and  in  other  places,  but  not  in 
my  experience.  The  interest  of  all  has  never  failed ; 
but  I  am  sure  that  no  one  will  withhold  approval  when 
in  this  respect  I  publicly  thank  the  hard  worked  Dean 
of  the  Law  Faculty  and  Messrs.  Cope  and  Stewardson, 
the  architects.  One  can  scarce  realize  what  it  means 
when  I  say  that  a  full  year  was  given  to  the  continuous 
study  of  the  plans  before  their  final  adoption.  It  is 
hard  to  know  whom  not  to  thank.  Builder  and  work- 
man, master  and  servant  alike,  deserve,  and  to-day 
receive,  their  proper  wage  of  approval.  Like  the  build- 
ing of  that  other  temple,  under  an  older  dispensation  of 
law,  there  has  been  no  voice  of  strife  or  contention  or 
dispute  here.     Nor  any  accident. 

It  is  quite  natural  that  we  should  wish,  peculiarly, 
to  thank,  at  this  time,  the  givers  of  the  many  gifts  for 
the  erection  of  the  building.  It  has  been  my  fortune 
personally  to  know  them  all.  They  will  prefer  not  to  be 
mentioned  by  name  at  this  time ;  but  they  will  quite 
understand  how  the  University  feels  towards  and  thinks 
of  them.  We  thank  all ;  we  are  grateful  for  the  memory 
of  him — my  classmate — who  first  stirred  us  to  the  un- 
dertaking ;  and  in  equal  measure  to  those  young  lawyers, 
who,  in  more  instances  than  one,  have  given  a  large 
part  of  a  year's  fees.  In  the  memorials,  too,  which  have 
been  here  founded,  we  have  the  beginning  of  an  Abbey 
of  Inscriptions,  telling  of  lives  of  "judicial  independence, 
of  professional  honor,  and  of  public  respect,"  whose  influ- 
ence must  take  its  hold  upon  master  and  scholar  alike. 
Many,  both  men  and  women,  will  know  what  I  mean 
when  I  extend  to  them,  here  and  now,  my  personal  thanks. 

1  am  sure  that  the  Trustees  will  desire  me  to  say 
that  while  this  building  has  been  presently  completed, 
we  do  not  wish  to  take  all  the  credit  and  honor  of  it.  It 
means  simply  that  the  time  had  come  for  us  to  do  this 
work.  Other  men  had  been  for  a  century  building  a 
foundation,  and  we  have  erected  the  building  upon  that 


Address  of  Provost  Harrison.  7 

foundation,  well  cemented  and  prepared.  It  is  our  greater 
pride — greater  than  the  realized  purpose — that  no  history 
of  the  Bar  of  Philadelphia — or,  as  Horace  Binney  defini- 
tively expressed  it — "  the  leaders  of  the  Bar  of  Philadel- 
phia," can  be  written  without  writing  in  part  the  history 
of  the  University  of  Pennsylvania. 

Mr.  Chairman,  others  may  speak  of  the  development 
of  the  law  as  a  science,  of  the  progression  of  the  law, 
depending  upon  the  progress  of  the  lawyer.  My  part 
and  duty  shall  have  been  ended,  I  trust,  when  I  offer  for 
your  approving  acceptance  this  new  building  of  the  De- 
partment of  Law  of  the  University.  Its  purpose  and  the 
purposes  of  the  University  are  clear.  We  seek  to  offer 
here  the  largest  facilities  in  science  and  letters,  and  the 
highest  influences  upon  the  conduct  of  life,  to  that  class — 
not  caste — which  may  be  willing  to  devote  itself  to  those 
ideals  of  education  which  alone  become  a  University. 
Nations  are  slow  to  recognize  the  social  value  of  such 
education,  but  quick  to  know  that  no  uneducated  nation 
can  survive  as  against  an  educated  one.  No  whole 
nation  can  be  educated  to  the  ideals  of  a  University,  but 
influence  flows  gently  downwards ;  and  the  function  of 
the  American  Universities  is  to  prepare  a  gradually  in- 
creasing number,  whose  guiding  power  and  influence  in 
their  respective  spheres  may  gladly  be  accepted  by  the 
nation  at  large.  The  University  Chemist  and  Physicist 
are  recognized  in  their  authority  when  they  apply  the 
original  work  of  the  Laboratory  to  the  Arts  of  the  people. 
So,  with  increasing  influence,  are  the  Historian,  the 
Economist  and  the  Sociologist  heard. 

May  the  students  of  Law,  in  this  new  building,  so 
master  the  principles  of  their  science,  and  be  so  imbued 
with  high  ideals  of  their  calling,  that  Law  and  Equity, 
expounded  in  their  practice  and  illustrated  in  their  lives, 
may  more  and  more  decide  the  cause  of  the  people,  and 
in  this  democracy  of  ours  be  the  guardians  of  an  ordered 
liberty. 


8  Address  of  Samuel  Dickson. 

Samuel  Dickson,  Esq.,  Chairman  of  the  Committee 
of  the  Board  of  Trustees  on  Law  and  Legal  Relations, 
then  presented  the  building-  on  behalf  of  the  Trustees  to 
the  Faculty  of  the  Department  of  Law.  Mr.  Dickson 
spoke  as  follows  : 

"  Mr.  Provost :  The  first  duty  of  the  representative  of 
the  Trustees  upon  this  occasion,  is  to  acknowledge  that  it 
is  to  your  courage  and  exertions  we  owe  it  that  this  build- 
ing has  been  erected  on  this  site,  for  no  one  else  thought 
it  possible  to  obtain  a  sum  sufficient  for  the  necessary 
expenditures  ;  and  it  is  equally  imperative  to  say  to  you, 
Mr.  Dean,  that  to  the  patient  and  intelligent  supervision 
by  yourself  and  colleagues,  of  every  detail  of  arrange- 
ment, must  be  ascribed,  in  large  measure,  the  perfect 
adaptation  of  the  building,  in  all  its  parts,  to  the  uses  to 
which  it  is  to  be  devoted. 

Upon  its  formal  dedication  to  the  teaching  of  the  law, 
every  lawyer  present  will  naturally  recall  the  first  lecture 
delivered  in  1 790  by  James  Wilson,  one  of  the  Associate 
Justices  of  the  Supreme  Court  of  the  United  States. 
Upon  that  occasion  were  present  President  Washington, 
members  of  his  cabinet  and  of  Congress  with  Mrs. 
Washington  and  other  ladies.  The  event  was  regarded 
as  of  the  first  importance,  and  it  has  continued  to  be  so 
by  reason  of  the  course  of  lectures  delivered  during 
that  and  the  following  winter,  for  they  constitute  a 
distinct  contribution  to  the  literature  of  the  law.  His  full 
course  would  have  occupied  three  terms,  but  before  its 
completion,  he  was  appointed,  in  1791,  by  the  General 
Assembly  of  Pennsylvania,  to  revise  and  digest  the  laws 
of  the  Commonwealth,  to  ascertain  and  determine  how  far 
any  acts  of  Parliament  extended  to  it,  and  to  prepare  such 
bills  as  the  new  condition  of  things  called  for.  This  task 
involved  great  labor  and  diverted  him  from  his  duties  as 
a  professor,  and  he  did  not  live  to  complete  the  work  which 
would  have  anticipated  the  later  collection  of  the  British 
statutes  by  the  Judges  of  the  Supreme  Court,  and  of  the 


Address  of  Samuel  Dickson.  9 

Commissioners  subsequently  appointed  under  the  act  of 
1830.  His  lectures  were  also  left  in  an  unfinished  condi- 
tion, but  those  which  were  completed  confirm  the  estimate 
placed  upon  his  ability  by  the  later  writers  and  notably  by 
Mr.  Bryce,  who  speaks  of  him  as  one  of  the  deepest 
thinkers  and  most  exact  reasoners  among  the  members  of 
the  convention  of  1787. 

In  his  account  of  the  prominent  lawyers  at  the  time 
of  the  Revolution,  William  Rawle,  who  knew  him  at  the 
bar,  in  the  splendor  of  his  talents,  and  in  the  fulness  of  his 
practice,  thus  spoke  of  him  :  '  Wilson  soon  became  con- 
spicuous. The  views  which  he  took  were  luminous  and 
comprehensive.  His  knowledge  and  information  alwavs 
appeared  adequate  to  the  highest  subject,  and  justly 
administered  to  the  particular  aspect  in  which  it  was  pre- 
sented. His  person  and  manner  were  dignified,  his  voice 
powerful,  though  not  melodious,  his  cadence  judiciously, 
though  somewhat  artificially,  regulated.  *  *  *  g^t 
his  manner  was  rather  imposing  than  persuasive  ;  his 
habitual  effort  seemed  to  be  to  subdue  without  conciliating, 
and  the  impression  left  was  more  like  that  of  submission 
to  a  stern  than  a  humane  conqueror.  It  must,  however, 
be  confessed,  that  Mr.  Wilson  on  the  bench  was  not  equal 
to  Mr.  Wilson  at  the  Bar,  nor  did  his  law  lectures  entirely 
meet  the  expectations  that  had  been  formed.' 

Quite  recently  his  name  has  been  made  familiar  to  the 
lay  public  by  the  publication  of  the  Memoirs  of  Colonel 
Hugh  Wynne,  who  knew  him  both  asa  tutor  andascounsel, 
and  who  seems  to  have  been  an  apt  pupil  and  intelligent 
client,  as  he  learned  to  write  very  good  English,  and  to 
treat  of  legal  matters  in  a  way  satisfactory  even  to  lawyers. 

It  does  not  appear  that  any  successor  to  Judge  W^ilson 
was  appointed  by  the  Trustees  at  the  time  of  his  retire- 
ment, and  in  the  conditions  of  professional  and  social  life 
of  that  day  and  of  long  afterward,  the  system  by  which 
the  student  entered  the  office  of  a  {practising  lawyer,  and 
[)ursue(i  his  studies  under  his  superx-ision  ruid  .assisted  in 


lo  Address  of  Samuel  Dickson. 

the  clerical  work  of  the  office,  was  in  many  cases  most 
efficient  and  satisfactory.  Judge  Wilson  himself  had 
read  law  with  John  Dickinson,  who  had  been  a  fellow 
student  of  Thurlow  and  Kenyon  in  the  Middle  Temple, 
and  in  turn,  at  the  request  of  Washington,  he  received 
the  President's  nephew  Bushrod,  afterwards  Associate 
Justice  of  the  Supreme  Court,  as  his  student.  Indeed, 
all  the  great  lawyers  of  the  city,  who  came  to  the  bar 
after  the  Revolution,  qualified  themselves  by  study  and 
preparation  in  the  office  of  a  preceptor.  It  was  by  this 
method,  that  the  larger  part  of  the  Philadelphia  lawyers, 
whose  names  are  engaved  upon  the  walls  of  this  build- 
ing, became  the  leaders  of  the  bar. 

A  sufficient  explanation  of  the  non-continuance  of 
the  Law  School  from  the  retirement  of  Judge  Wilson, 
was  that  it  was  not  yet  needed,  nor  would  it  have  attained 
a  considerable  number  of  students  when  reopened  in 
1850,  had  it  not  been  for  the  fact  that  George  Sharswood, 
then  the  President  Judge  of  the  District  Court  of  the 
City  and  County  of  Philadelphia,  and  afterwards  Chief 
Justice  of  the  Supreme  Court  of  Pennsylvania,  was  the 
first  professor  of  the  reorganized  school.  His  relations  to 
the  members  of  the  Bar  of  this  city  were  altogether  pecu- 
liar to  himself,  and  it  may  be  doubted  if  any  judge  ever 
sat  upon  the  bench,  who  was  at  once  so  revered  and  so 
beloved.  It  was  largely  to  his  personal  influence,  there- 
fore, that  the  success  of  the  school  then  and  subsequently 
was  due  ;  but  changes  of  hours  and  of  locality  began  to 
interfere  with  office  teaching,  and  those  changes  have 
been  followed  by  others  still  more  effective,  until  to-day, 
the  removal  of  the  Law  School  of  the  University  to  this 
side  of  the  Schuylkill,  may  be  accepted  as  the  final  proof 
of  an  accomplished  change  in  this  city  in  the  method  of 
preparation  for  the  practice  of  the  law. 

To  recapitulate  the  successive  and  accumulating 
changes  in  social  and  professional  life,  which  has  brought 
this  about,   is  quite  unnecessary ;    but   the    fact    is,   that 


*  Address  of  Samuel  Dickson.  ii 

whereas  the  Law  School  has  hitherto  been,  in  this  citv,  a 
supplement  to  office  study,  it  will  hereafter  become,  in 
most  cases,  a  substitute.  There  has  been  conflict  of 
opinion  as  to  methods  of  teaching,  and  as  to  how  far  the 
Law  School  can,  in  itself,  enable  the  student  to  make 
himself  a  lawyer,  but  no  one  has  ever  contended  that  the 
law  was  not  a  science,  of  which  the  principles  could  best 
be  mastered  by  systematic  study,  under  the  direction  of 
competent  teachers.  It  is  studied,  however,  by  the  in- 
tending- practitioner,  not  merely  nor  chiefly  for  his  own 
information,  but  as  what  the  Germans  call  a  *  bread-study,' 
for  the  purpose  of  making  practical  use  of  his  learning  in 
dealing  with  the  complicated  facts  of  life,  in  advising 
clients  in  the  office,  or  in  trying  and  arguing  cases  in 
court.  Both  aspects  of  the  question,  therefore,  should  be 
kept  in  mind. 

It  has  always  been,  as  it  now  is,  a  peculiar  advantage 
of  this  school  that  from  the  time  of  Judge  Sharswood  and 
his  colleagues,  down  to  the  present  day,  its  Faculty  has 
included  men  whose  position  on  the  Bench  or  at  the  Bar 
compelled  them,  day  by  day,  to  use  and  test  their  know- 
ledge in  the  court  room.  It  is  the  inestimable  privilege 
of  the  classes  now  in  this  school,  that  they  have  the  op- 
portunity to  listen  to  judges  of  the  Federal  courts,  whose 
appointment  was  made  to  satisfy  the  demand  of  the  prac- 
tising lawyers  of  the  District,  and  of  lawyers  who  merit 
and  possess  the  unqualified  confidence  of  the  profession 
and  of  the  community.  What  they  say  commands  re- 
spect everywhere  else,  and  it  will  not  fail  to  do  so  here. 
Dr.  Arnold  used  to  say,  '  It  is  a  good  thing  to  admire,' 
and  the  greatest  good  fortune  which  can  befall  a  young 
man  is  that  he  should  follow  his  legal  studies  under  such 
men  as  he  will  find  here,  to  whom  he  can  look  up  with 
generous  enthusiasm  as  the  ideals  to  whose  measure  it 
will  be  his  hope  to  approach  in  his  future  life  as  one  of  a 
pnjfession  which  they  ennoble  and  adorn. 

Whether  the  new  order  will  accomplish  the  work  of 


12  Address  of  Samuel  Dickson. 

the  old,  and  train  up  succeeding  generations  of  as  high  a 
standard  as  those  who  have  gone  before,  is  the  important 
question  for  all  of  us.  The  rank  attained  by  the  leaders 
of  the  Old  Bar,  as  Mr.  Binney  designated  them,  is  every- 
where recognized,  but  coming  down  to  a  time  within  the 
memory  of  many  now  present,  it  may  be  asserted  with 
great  confidence  that  the  entire  United  States  might  have 
been  challenged  to  produce  their  betters,  when  Mr.  St. 
George  Tucker  Campbell,  Mr.  George  M.  Wharton,  Mr. 
Theodore  Cuyler  and  Mr.  James  E.  Gowen  were  in  the 
lead,  with  Mr.  Meredith  at  their  head.  To  turn  out  men 
of  their  stamp  will  be  an  achievement  indeed,  and  no 
better  fortune  for  the  school  can  be  asked  for.  For  this  work, 
Mr.  Dean,  you  and  your  colleagues  have  now  every  help 
which  the  University  can  give  you.  Nothing  will  be  lacking 
to  the  comfort,  the  convenience  and  the  wants  of  the  student. 
The  Biddle  Library,  which  perpetuates  the  memory  of  a 
leader  of  the  Bar,  and  of  three  sons,  each  in  his  own  line 
pre-eminent,  is  as  yet  inferior  to  that  of  Harvard,  of  which 
Professor  Dicey  says  that  *  it  constitutes  the  most  perfect 
collection  of  the  legal  records  of  the  English  people  to  be 
found  in  any  part  of  the  English-speaking  world  ; '  but  it  is 
already  large,  and  the  sum  annually  applicable  to  its  in- 
crease will  soon  make  it  adequate  for  the  needs  of  the 
most  erudite.  Having  thus  free  and  immediate  access  to 
every  authority  he  needs  to  consult,  the  diligent  student 
will  assuredly  learn  the  use  of  books,  and  master  a  fair 
share  of  their  contents. 

Of  all  the  influences  to  surround  the  student  in  this 
new  home  of  the  Law  School,  none  should  be  more  potent 
to  kindle  his  ardor  than  the  memories  of  the  good  and 
great  men  by  which  he  will  be  surrounded.  This  hall,  in 
which  we  are  assembled,  bears  the  name  of  a  lawyer,  who 
completed  his  studies  in  the  Middle  Temple,  and  who  re- 
turned to  take  a  most  prominent  and  useful  part  in  the 
American  Revolution.  He  was  a  signer  of  the  Declara- 
tion of  Independence  ;  Vice-President  and   President  of 


Address  of  Samuel  Dickson.  13 

the  Continental  Congress ;  Governor  of  Delaware ;  the 
author  of  the  Constitution  of  that  State  ;  a  member  of  the 
convention  which  framed  the  Constitution  of  Pennsylvania 
of  1790  ;  Chief  Justice  of  the  Supreme  Court  of  the  State 
for  twenty-one  years,  and  its  Governor  for  three  terms. 

In  the  first  volume  of  Dallas'  Reports,  there  is  this 
letter  from  Lord  Mansfield  : 

•To  THE  Honourable  Thomas  M'Kean,  Chief  Justice 
of  Pennsylvania : 

'Kenwood,  February  14,  1791. 

'  Sir  : — I  am  not  able  to  write  with  my  own  hand, 
and  therefore  must  beg"  leave  to  use  another,  to  acknowl- 
edge the  honour  you  have  done  me,  by  your  most  oblig- 
ing and  elegant  letter,  and  the  sending  me  Dallas' 
Reports. 

'  I  am  not  able  to  read  myself,  but  I  have  heard  them 
read  with  much  pleasure.  They  do  credit  to  the  court, 
the  bar  and  the  reporter  :  they  shew  readiness  in  prac- 
tice, liberality  in  principle,  strong  reason,  and  legal  learn- 
ing ;  the  method,  too,  is  clear,  and  the  language  plain. 

'  I  undergo  the  weight  of  ag"e,  and  other  bodily  in- 
fimities,  but  blessed  be  God  !  my  mind  is  cheerful,  and 
still  open  to  that  sensibility  which  praise  from  the  praise- 
worthy never  fails  to  give — Laus  laiidari  a  tc.  Accept 
the  thanks  of 

'  Sir,  your  most  obliged 

'  and  obedient  humble  servant, 

'  Mansfield.' 

Fnjm  tiiis  judg-ment  there  is  no  appeal,  nor  can 
anything-  with  propriety  be  added. 

When  elected  governor,  he  conferred  uj)()n  the  people 
of  this  State  the  inestimable  benefaction  of  the  ai:)point- 
ment  of  that  great  lawyer,  William  Tilghman,  as  Chief 
Justice,  and  the  erection  of  this  structure  could  not  have 
been  undertaken  but  for  the  noble  liberality  of  a  descend- 
ant who  bore  his  name. 


14  Address  of  Samuel  Dickson. 

Of  Wilson  and  Sharswood,  whose  names  appear 
upon  the  main  door,  I  have  already  spoken.  It  remains 
to  add  that  the  memory  of  Eli  K.  Price,  George  M. 
Wharton  and  Richard  C.  McMurtrie  will  be  perpetuated 
by  lecture  rooms  which  bear  their  names,  at  the  request 
of  those  whose  filial  piety  or  friendship  led  them  to  con- 
tribute to  the  erection  of  this  building,  in  grateful  appre- 
ciation of  the  professional  labors,  which  gave  them  promi- 
nence at  the  Philadelphia  Bar,  The  student  will  find  some 
evidence  of  their  learning  and  discrimination  in  the  re- 
ports of  the  many  arguments  which  they  made  in  the 
Supreme  Court,  and  it  is  enough  to  say,  upon  this  occa- 
sion, as  can  be  truthfully  said  of  all  of  them,  that  by  none 
were  they  so  highly  esteemed  as  by  their  fellow  members 
of  the  Bar  who  knew  them  as  men  and  lawyers,  as  well 
as  men  can  know  one  another,  and  better  than  those 
engaged  in  any  other  pursuit  can  possibly  do. 

Mr.  Carson  will  speak  of  Mr.  Price  at  length  to- 
morrow, and  it  need  now  only  be  said  that  his  invaluable 
contributions  to  the  statute  law  of  the  State,  his  active 
interest  in  the  University,  in  the  American  Philosophical 
Society,  and  other  associations  devoted  to  literature,  sci- 
ence and  charity,  secured  him  distinction  as  a  citizen 
almost  equal  to  that  which  his  long,  useful  and  honorable 
career  won  for  him  at  the  Bar. 

It  is  impossible,  however,  that  any  lawyer,  who  ever 
met  Mr.  Wharton  in  consultation,  or  listened  to  his  argu- 
ments, could  mention  his  name  without  at  least  alluding 
to  his  clearness  of  statement.  By  common  consent,  he 
had  the  most  perfect  power  of  statement  of  any  man  of 
his  day,  and  no  one  could  present  any  proposition  which 
he  could  not  re-present  in  a  form  more  simple  and  lucid. 

This  was,  of  course,  the  result  of  the  exquisite  cer- 
tainty of  his  mental  vision.  It  was  as  if  his  mind  had 
been  a  perfectly  finished  lens,  which  never  produced  the 
slightest  distortion  or  aberration,  and  presented  every 
object  with  absolute  sharpness  of  definition.     Something 


Address  of  Samuel  Dickson.  15 

he  once  said  as  to  his  habits  of  reading  is  worth  record- 
ing, as  ilhistrating  clearly  what  may  be  done  by  system. 
It  will  be  remembered  that  he  was,  in  his  day,  the  leading 
authority  in  this  Diocese  upon  Church  Law.  When  re- 
turning a  copy  of  Derby's  Homer,  he  said  that  he  had 
listened  to  the  reading  of  the  entire  twenty-four  books, 
and  he  added  that  it  was  his  rule  to  read  or  listen  to 
another  read  some  standard  work  for  a  half  hour  every 
evening,  and  that  one  who  tried  it  would  be  astonished 
at  how  much  could  be  gone  through  in  that  way,  and  as 
a  further  instance,  he  added  that  by  giving  the  time 
every  Sunday,  between  morning  and  afternoon  church, 
to  Church  Law,  he  had,  in  a  few  years,  gone  through  all 
the  authorities  upon  the  subject. 

Of  Mr.  McMurtrie,  of  whom  some  of  us  are  in  the 
habit  of  speaking  as  the  last  scientific  lawyer  at  our  Bar, 
there  should  be  quoted  two  or  three  sentences  from  the 
eulogy  delivered  at  his  Bar  meeting  by  Judge  Craig  Bid- 
die,  as  they  bring  out  clearly  his  distinguishing  charact- 
eristic as  a  lawyer  : 

'  Mr.  McMurtie,  if  ever  a  man  did,  certainly  loved  his 
profession,  and  loved  it  with  a  sort  of  romantic  attachment. 
Any  man  who  violated  the  great  principles  of  the  law  was, 
to  him,  a  man  who  could  not  be  tolerated  for  an  instant. 
No  matter  from  what  source  the  law  came,  whether  from 
the  highest  courts  in  the  land  or  the  humblest  individual, 
if  it  was  bad  law,  Mr.  McMurtrie  looked  upon  it  as  a 
forgery,  as  a  counterfeit,  as  equivalent  to  an  attempt  to 
pass  money  which  was  not  entitled  to  be  current.  His 
sturdiness  in  this  particular  gave  a  rather  mistaken  notion 
of  his  character,  but  the  only  thing  that  ever  stirred  him 
to  wrath  was  the  one  I  have  just  mentioned.' 

'  The  emulation  of  e.xamples  like  theirs  makes  nations 
great  and  keeps  them  so,'  and  it  will  be  for  the  men  who 
are  to  come  out  from  this  school  not  only  to  maintain  the 
traditions  of  the  Philadelphia  Bar  as  gentlemen  and  law- 
yers, and   to  du  their   i^art    in   helping  to    advance    the 


1 6  Address  of  Samuel  Dickson. 

progress  of  jurisprudence,  and  to  extend  the  domain  of 
justice  and  reason,  but  also  to  solve  the  problem  always 
recurring  and  never  definitely  answered,  whether  the 
political  institutions,  which  were  framed  by  McKean  and 
Wilson  and  their  colleagues,  are  to  be  perpetuated  as  the 
enduring  heritage  of  a  free  and  virtuous  people. 

Of  all  institutions,  the  University  is  the  most  enduring. 
The  life  of  this  one  has  been  brief  compared  to  that  of  the 
historic  schools,  which  have  honored  us  by  permitting 
their  representatives  to  be  here  to-day  ;  but  it  was  given 
the  power  by  John  and  Richard  Penn  to  confer  degrees, 
and  since  then,  four  Constitutional  Conventions  have  been 
assembled  to  change  the  organic  law  of  the  common- 
wealth. For  centuries  to  come,  each  year  will  see  a  body 
of  men  come  forth  from  these  halls  to  develop  into  the 
leaders  of  thought  and  action  of  their  time.  All  that  this 
community  has  done  or  can  do  to  insure  that  they  will 
use  their  power  wisely  is  worth  the  doing,  for  it  is  not 
only  true,  as  De  Tocqueville  said,  that  the  conservative 
force  of  the  American  Bar  has  been  the  greatest  safeguard 
of  American  institutions  in  the  past,  but  there  is  equal  truth 
in  the  aphorism  of  Lord  Bacon — a  man,  as  Coleridge  says 
in  quoting  the  remark,  '  assuredly  sufficiently  acquainted 
with  the  extent  of  secret  and  personal  influence,'  that,  '  the 
knowledge  of  the  speculative  principles  of  men  in  general 
between  the  ages  of  twenty  and  thirty  is  the  one  great 
source  of  political  prophecy.' 


Address  of  William  Drater  Lewis.  17 

In  accepting  the  building'  on  behalf  of  the  Faculty  of 
the  Department  of  Law,  William  Draper  Lfavls,  Ph.D., 
the  Dean  of  the  Faculty,  said  : 

Mr.  Provost :  A  little  over  three  years  ago  the 
Faculty  of  Law  expressed  to  you,  and  through  you  to  the 
Trustees,  their  earnest  desire  that  there  should  be  erected 
near  the  other  University  Buildings  a  permanent  home 
for  the  Department.  To-day  you  call  upon  us  to  occupy, 
exclusively  for  the  purposes  of  the  Law  School,  the  most 
complete  educational  building  in  the  country.  To  say 
that  we  deeply  appreciate  this  more  than  generous 
response  to  our  request  is  to  express  but  feebly  the  feeling 
which  stirs  us  at  this  moment. 

When  the  Univ^ersity  determined  to  erect  a  building 
for  our  Department,  the  Provost  asked  us  to  submit  to 
him  a  detailed  statement  of  the  requirements  of  such  a 
building.  This  request  was  complied  with,  and  though 
these  '  requirements  '  necessarily  involved  a  much  larger 
building  than  any  one  had  up  to  that  time  contemplated, 
we  were  not  asked  to  modify  our  plans  in  the  slightest 
detail.  The  architects,  Messrs.  Cope  and  Stewardson,  were 
directed  to  prepare  plans  which  should  meet  every  want 
of  the  faculty.  I  need  hardly  tell  you  that  they  have  done 
so.  Indeed,  if  our  successors  find  defects  in  the  general 
interior  arrangement  of  this  building,  in  the  distribution 
of  the  reading  and  lecture  rooms,  we  of  the  faculty  are 
alone  responsible,  for  neither  trouble  nor  money  has  been 
spared  by  the  University  in  its  efforts  to  give  us  all  that 
we  asked. 

On  this  occasion,  as  we  are  about  to  occupy  this  build- 
ing, which  has  been  dedicated  by  you,  Mr.  Dickson,  to  the 
cause  of  legal  education  and  to  the  memory  of  those  who 
in  their  time  knew  and  loved  the  law,  it  is  perhaps  proper 
that  I,  as  representing  the  faculty,  should  tell  the  friends 
of  the  University  and  the  representatives  of  legal  learning 
gathered  here  something  of  our  educational  ideal.  If  I 
were  asked  to  state  the   thought  which    is  upixMinost   in 


1 8  Address  of  William  Draper  Lewis. 

the  minds  of  the  faculty,  shaping  not  only  our  acts 
as  a  body,  but  our  individual  work  as  teachers,  I  should 
reply :  The  thought  that  our  chief  aim  is  to  enable  our 
students  to  become  efficient  lawyers.  I  can  therefore 
best  give  you  a  mental  picture  of  our  educational  ideal  if 
I  show  you  what  we  mean  by  an  efficient  lawyer. 

Some  there  are  who  tell  us  that  we  should  try  to 
make  our  teaching  practical,  others  that  we  should  con- 
fine ourselves  to  fundamental  principles.  The  one  regards 
the  law  as  an  art,  and  likes  the  word  practical ;  the  other 
regards  the  law  as  a  science,  and  is  fond  of  such  expres- 
sions as  '  grounded  in  the  theory  of  the  law.'  It  may 
surprise  some  of  you  to  hear  me  say  that  our  faculty  has 
never  discussed  the  question  whether  we  should  regard 
the  law  from  the  point  of  view  of  an  art  or  of  a  science. 
We  have  never  discussed  this  question  because  we  are 
united  in  the  thought  that  a  system  of  legal  education 
which  pretended  to  give  the  principles  of  law,  disasso- 
ciated from  their  practical  application,  would  be  as  useless 
as  a  system  which  confined  the  student  to  copying  legal 
papers.  All  of  us  admit  that  law  is  a  science.  But  it  is 
a  living  science  ;  one  that  is  applied  every  day  to  the 
affairs  of  living  men  ;  and  a  science  whose  principles 
have  been  hammered  out,  not  in  the  closet  of  the  recluse, 
but  in  the  effort  to  decide  real  controversies  between  man 
and  man.  Its  rules  have  sprung  from  multitudinous 
instances.  They  are  one  of  the  results  of  the  facts  which 
make  up  our  history.  As  the  law  has  grown,  so  is  it 
being  developed.  Even  as  I  speak,  hundreds  of  courts 
in  this  country  and  in  England  and  her  colonies,  are  con- 
sciously or  unconsciously  modifying  the  principles  of  our 
law  by  the  effort  to  apply  them  to  new  controversies.  If 
our  economic  and  social  development  should  cease,  and 
we  should  become  a  static  people,  and  the  new  cases  in 
our  courts  were  always  identical  with  some  other  reported 
case,  law  would  cease  to  be  a  science.  It  would  become 
merely  an  art,  and  would  be  no  more  interesting  than 


Address  of  William  Draper  Lewis.  19 

the  science  of  civil  engineering,  provided  every  bridge 
that  was  built  was  the  duplication  of  some  existing 
bridge.  Again,  if  man  should  stop  disputing  with 
his  fellow-man,  the  study  of  the  law  would  be  the  study 
of  purely  historical  phenomena.  But  in  our  complex, 
developing  modern  life  new  legal  problems  are  arising 
every  day.  The  law  is  not  merely  the  study  of  phenom- 
ena connected  with  a  bygone  people.  The  law  is  a 
living  science  and  a  present  art,  and  therefore  there  is  no 
such  a  thing  as  a  practical  as  distinguished  from  a  theo- 
retical lawyer.  There  are  only  two  kinds  of  lawyers,  the 
efficient  and  the  inefficient.  If  you  can  find  a  man  whose 
only  accomplishment  is  that  he  can  draw  a  deed,  pro- 
vided you  do  not  wish  to  accomplish  something  he  has 
not  seen  done  before,  you  may  find  a  man  who  is  useful 
occasionally  to  do  your  conveyancing,  but  you  do  not 
find  an  efftcient  lawyer  who  can  talk  to  you  by  the  hour 
on  the  advantages  of  codification,  or  on  the  compara- 
tive excellencies  of  the  civil  and  the  common  law,  or  on 
the  early  courts  in  Rome ;  but  cannot  take  the  facts  of  a 
case  between  Jones  and  Smith,  and  give  reasons  which 
would  appeal  to  a  court  why  one  or  the  other  is  right, 
then  you  may  have  found  a  man  who  is  full  of  enter- 
taining information,  but  again  you  have  not  found  an 
efficient  lawyer ;  you  have  not  found  the  man  which 
it  is  the  desire  of  our  faculty  to  graduate. 

In  our  minds,  the  efficient  lawyer  is  not  merely  the 
so-called  practical  man,  and  on  the  other  hand  not  merely 
the  so-called  theoretical  one.  He  is  the  man  who  can  do 
well  the  work  which  the  lawyer  is  called  upon  to  do.  He 
is  one  who  can  take  the  jumble  of  facts  which  his  client 
calls  a  clear  statement  «»!  the  case,  and  see  quickly  and 
accurately  the  legal  point  or  points  on  which  the  case 
will  turn,  and  with  this  knowledge  as  a  starting  point,  be 
able  to  get  the  facts  before  the  court,  and  having  done  so 
prepare  his  brief  and  argue  intelligently  the  legal  (jues- 
tions  ill    his  case.     We  believe    that  a  system   of  legal 


20  Address  of  William  Draper  Lewis. 

education  which  trains  him  for  part  of  this  duty  and  not 
the  other,  is  radically  deficient.  Our  aim  is  to  give  the 
student  a  knowledge  which  will  not  only  enable  him  to 
argue  a  legal  point,  but  which  will  enable  him  to  bring  a 
suit  and  prepare  and  try  a  case ;  not  primarily  because 
we  believe  that  a  knowledge  of  what  is  called  practice  is 
a  necessary  addition  to  a  knowledge  of  the  fundamental 
principles  of  law  in  order  that  a  man  may  become  a 
practicing  member  of  the  Bar,  but  because  we  also  believe 
that  as  the  law  is  a  science  grown  up  from  actual 
cases,  and  applied  and  still  growing  by  application  to 
actual  cases,  a  knowledge  of  ancient  pleading  and 
modern  practice  is  essential  in  order  that  the  student 
may  understand  the  fundamental  principles  of  the  law. 
It  may  be  asked,  do  all  your  students  expect  to  prac- 
tice law  ?  Have  you  no  place  for  one  who  wants  to  write 
on  law  or  teach  some  branch  of  the  law  or  legal  history  ? 
Certainly  we  have  a  place  for  such  a  man.  But  we  be- 
lieve that  his  training  should  not,  in  the  main,  be  different 
from  the  training  of  the  man  who  intends  to  argue  cases 
in  court.  The  w^ork  of  the  lawyer  in  the  preparation  of 
his  case,  of  the  judge  called  upon  to  decide  it,  or  of  the 
writer  or  teacher  who  must  compare  it  with  earlier  cases, 
criticise  and  explain  it,  is  essentially  the  same.  Each 
must  examine  the  same  books  and  face  the  solution  of 
the  same  problems.  To  succeed  in  their  respective 
spheres,  the  writer  and  teacher,  no  less  than  the  judge  or 
practitioner,  must  realize  that  he  is  dealing  with  an 
applied  science.  To  grasp  the  exact  meaning  of  a  legal 
decision,  he  must  thoroughly  understand  the  mechanical 
forms,  that  is,  the  pleadings  under  which  the  case  was 
presented  to  the  court.  He  also  must  be  familiar  with 
the  practical  difficulties  of  proving  certain  classes  of  facts. 
In  other  words,  we  do  not  believe  that  one  can  intelli- 
gently teach  or  write  on  the  law  which  his  scholars  or 
readers  must  apply  in  a  real  world,  without  a  knowledge 
of  the  conditions  under  which  the  principles  he  discusses 


Address  of  William  Draper  Lewis.  21 

must  be  applied.  And  therefore,  in  sa3''ing  that  our  chief 
desire  is  to  graduate  "  efficient  lawyers,"  we  do  not  slight 
the  man  who  comes  to  us  to  prepare  himself  for  research 
work  or  teaching  ;  but  in  trying  to  make  him  also  an 
efficient  lawyer,  we  take  the  only  course  which  can  make 
him  an  efficient  student  of  the  law. 

While  a  knowledge  of  the  theory  and  practice  of  the 
law  forms  the  extent  of  the  systematic  teaching  in  our 
present  undergraduate  course,  I  should  leave  you  with  a 
false  impression  if  I  were  to  allow  you  to  go  away  with 
the  idea  that  we  think  there  are  no  other  elements  in  the 
make-up  of  an  efficient  lawyer  besides  the  training  of  his 
brain  and  hand.  In  law,  as  in  all  other  departments  of 
human  endeavor,  the  efficient  man  must  possess  elements 
of  character  as  well  as  intellectual  and  mechanical  endow- 
ments. He  must  have  in  his  character  certain  moral 
elements,  and  at  least  two  other  elements  which  I  think 
we  may  also  include  under  the  designation  of  moral. 

One  of  these  elements  of  character  we  may  call  method 
or  perseverance,  according  to  the  form  of  its  manifesta- 
tion. Whether  we  call  it  method  or  perseverance  we 
cannot  overestimate  its  importance.  If  a  lawyer  is  not 
neat  he  hampers  his  own  progress  ;  if  he  cannot  system- 
atize his  work,  great  success,  except  in  rare  instances,  is 
denied  to  him  ;  unless  he  is  capable  of  long  continued  and 
persistent  efTort,  he  may  never  hope  to  obtain  even  a 
moderately  respectable  position  at  the  Bar.  We  cannot 
teach  here  directly  and  in  a  separate  course,  neatness, 
order,  perseverance,  but  by  holding  this  element  of  char- 
acter before  ourselves  as  essential  to  the  real  efficiency  of 
our  graduates,  we  can,  and  I  believe  do,  accomplish 
something  in  this  direction.  Not  ak^ne  with  this  object, 
but  by  no  means  whcjlly  in  disregard  of  it,  we  make  c^ur 
C(jurse  and  our  examinations  such  that  all  our  students 
understand  that  to  obtain  a  good  position  in  the  class,  or 
even  to  get  through  our  course  at  all,  there  must  be  per- 
sistent work  every  day  during  the  term,  and  that  in  each 


22  Address  of  William  Draper  Lewis, 

week  the  work  must  be  systematized  ;  to  each  day  being- 
given  its  allotted  portion.  Three  years  of  such  training, 
while  it  does  not  make  all  of  our  graduates  paragons  of 
neatness,  method  or  persistence,  undoubtedly  has  a  distinct 
tendency  to  mold  into  the  character  this  element,  which, 
equally  wnth  knowledge  and  skill,  is  essential  to  efficiency. 

There  is  a  second  element  of  character,  very  different 
from  that  to  which  I  have  just  called  your  attention,  but 
none  the  less  essential.  This  is  the  element  of  mental 
independence  in  legal  thinking.  Mental  timidity  must 
not  be  confounded  with  the  caution  which  very  properly 
keeps  a  client  out  of  a  contest  the  issue  of  which  is 
doubtful. 

But  the  lawyer  who,  for  his  legal  opinions,  leans  on 
his  digest,  his  text-book,  or  his  friend,  wins  only  the  cases 
which  no  one  could  help  winning.  Now  independence 
of  thought  can  no  more  be  taught  as  a  separate  course 
than  neatness  or  perseverance.  Some  have  it  naturally, 
others  acquire  it  only  by  much  persistence  on  the  part  of 
the  teacher ;  others,  again,  no  matter  what  is  done  for 
them,  never  acquire  it.  But  we  believe  that  it  is  true  in 
law,  as  in  other  things,  that  much  can  be  accomplished 
by  the  teacher  if  he  is  distinctly  conscious  of  the  import- 
ance of  developing  in  his  students  the  power  to  think  for 
themselves.  Therefore,  in  our  teaching  here,  we  encour- 
age the  student  to  work  out  the  problems  of  the  law  for 
himself.  Where  there  is  a  real  opportunity  for  a  differ- 
ence of  opinion,  we  are  frankly  indifferent  as  to  whether 
he  agrees  with  us  or  not,  provided  he  can  maintain  his 
own  opinion  with  legal  reasons.  The  old  idea  that  a 
teacher  is  a  modern  Gamalial,  at  whose  feet  the  student 
is  to  sit  and  drink  in  information  without  question,  if  it 
ever  existed  in  this  Department,  has  gone,  and  I  trust 
gone  forever.  Each  of  us  teaches  by  that  method  which 
appeals  to  him  as  best ;  some  lecture,  some  use  in  part  a 
text-book,  some  the  so-called  case-method  ;  but  the  men- 
tal attitude  of  each  of  us  towards  our  classes  is,  I  believe, 


Address  of  William  Draper  Lewis.  23 

the  same.  It  is  that  of  the  man  who  invites  on  the  part 
of  his  students  discussion,  public  or  private,  of  the  sub- 
jects in  his  course  ;  it  is  that  of  the  man  who  is  making 
the  distinct  effort  to  give  his  students  the  power  to  think 
for  themselves. 

There  is  one  other  element  in  our  concept  of  effi- 
ciency, harder  to  define,  perhaps,  but  more  important 
than  all  the  others.  From  one  point  of  view,  it  is  the 
moral  make-up  of  the  man  ;  from  another  it  is  his  mental 
attitude  towards  the  law.  All  departments  of  the  Uni- 
versity are  striving  to  turn  out  men  who  will  lead  clean 
and  honest  lives.  I  believe  the  whole  tendency  of  our 
life  at  Pennsylvania,  as  in  other  universities,  is  in  this 
direction.  Our  dormitory  system,  our  athletics,  our 
Houston  Club,  and  our  various  student  organizations, 
fill  that  portion  of  the  daily  life  of  our  students  not  given 
to  study  with  wholesome  mental  and  physical  occupa- 
tion, and  are  important  factors  in  the  upbuilding  of  their 
character.  Our  work  as  a  Faculty  of  Law,  as  we  con- 
ceive it,  is  to  take  the  foundation  of  good  morals,  which 
is,  in  an  ever  increasing  degree,  laid  for  us  in  the  char- 
acter of  the  great  majority  of  our  students  by  home  and 
university  influences,  and  build  thereon  something  which 
will  make  our  graduates,  not  only  moral  men,  but  moral 
lawyers.  A  man  rightly  is  considered  moral  when  he 
has  certain  general  positive  and  negative  qualities ;  if  he 
is  temperate  in  his  life,  honest  in  his  business  dealings, 
kind  to  those  dependent  on  him,  and  considerate  of  his 
fellow  men.  It  is  our  thought  that  a  lawyer  should  be 
all  this  and  more.  Perhaps  this  "more"  can  be  summed 
up  in  a  single  sentence:  He  should  love  the  law  and 
guard  her.  If  he  does  this,  slovenly  and  inaccurate 
work,  careless  legal  advice  will  be  impossible  to  him;  the 
etiquette  of  the  profession  he  will  guard  with  jealous 
care;  he  will  keep  his  (jwn  actions  on  a  high  ])lane,  and 
place  under  the  ban  of  \\  holesome  disdain  those  who 
sully  the  high  traditions  of  the  P)ar.  ^ 


24  Address  of  William  Draper  Lewis. 

How  can  a  law  school  teach  affection  and  reverence 
towards  the  law  and  the  profession  thereof  ?  By  formal 
courses  in  legal  ethics  ?  We  do  not  think  so.  Can 
nothing  therefore  be  done  in  this  direction  by  a  law  faculty? 
That  is  the  opposite  error.  There  is  a  subtle  thing  which 
all  teachers  know  as  the  atmosphere  of  a  school.  There 
always  is  an  atmosphere.  It  may  be  very  good,  or  very 
bad,  or  neither  one  nor  the  other.  This  mental  atmos- 
phere, in  part,  is  left  by  those  who  have  graduated  ;  in 
part  it  is  the  effect  of  the  mental  attitude  towards  his  com- 
ing work,  brought  by  the  incoming  student,  and  in  a  great 
part  it  is  the  character  of  the  teachers,  the  efficiency  of  the 
school  taken  as  a  whole,  and  the  dignity  and  decorum  of 
its  surroundings.  I  need  hardly  tell  you  that,  following 
the  example  of  our  predecessors,  we  of  the  present  faculty 
have  labored  and  are  laboring,  with  the  efficient  assistance 
of  large  numbers  of  our  students,  to  make  this  mental  and 
moral  atmosphere  of  which  I  have  been  speaking  such 
that  our  graduates  may  not  only  be  skilled  in  the  theory 
and  practice  of  the  law,  may  not  only  have  in  a  greater 
measure  than  they  had  on  entering,  method  in  work,  per- 
severance in  endeavor,  and  independence  in  thought,  but 
also  that  they  may  have  a  deep  love  and  enthusiasm  for 
the  law,  which  will  abide  with  them  throughout  their  lives, 
shielding  them  from  all  temptation  to  do  anything  which 
would  tend  to  bring  her  or  them  as  lawyers  into  disrepute. 

Over  the  main  staircase  of  this  building,  so  as  to  be 
seen  by  one  about  to  leave  it,  is  to  be  carved  the  words  of 
the  great  Judge  whose  unselfish  labors  created  this  De- 
partment of  the  University.  They  are  the  words  of  George 
Sharswood  :  '  Truth,  simplicity  and  candor,  these  are  the 
cardinal  virtues  of  a  lawyer.'  Let  us  hope  that  each  new 
man,  as  he  takes  up  the  work  of  teaching  here,  will  con- 
sider well  the  labors  for  the  cause  of  legal  education  of 
such  men  as  he  who  framed  this  sentence,  of  such  men  as 
Morris,  as  Mitchell,  and  as  Hare.  These  men  not  only 
taught  the  students  the  law,  but  impressed  them  with 


r 


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s 


Address  of  James  Bark  Ames.  25 

some  of  the  dig-nity  of  their  own  character  and  their  own 
devotion  to  the  profession.  We,  and  those  who  will  take 
up  our  work  when  we  lay  it  down,  by  following  the  ex- 
ample of  their  devotion,  may  perhaps  also  be  able  to 
write  in  the  hearts  of  our  students  those  three  all-embrac- 
ing words — '  truth, — simplicity, — candor.' 


The  closing  address  was  delivered  by  jAMES  Barr 
Ames,  A.M.,  Dean  of  the  Harvard  Law  School.  Profes- 
sor Ames  spoke  on  "  The  Vocation  of  the  Law  Profes- 
sor," as  follows  : 

On  a  broad  shaded  street  in  one  of  the  most  beau- 
tiful of  New  England  villages,  stands  an  attractive  old 
Colonial  house,  the  residence,  at  the  close  of  the  Ameri- 
can Revolution,  of  a  Connecticut  lawyer.  Hard  by  the 
house  was  the  owner's  law  office,  a  small  one-story 
wooden  building  much  resembling  the  familiar  district 
schoolhouse.  There  was  nothing  about  it  to  catch  the 
eye,  but  it  has  a  peculiar  interest  for  the  lawyer,  as  the 
birthplace  of  the  American  Law  School.  For  it  was  to 
this  building  that  young  men  came  from  all  parts  of  the 
country  to  listen  to  the  lectures  of  Judge  Reeve,  the 
founder  of  the  celebrated  Litchfield  Law  School. 

It  is  indeed  a  far  cry  from  the  small  lecture  room  of 
Judge  Reeve  to  this  noble  structure  destined  to  be  for 
centuries  the  spacious  and  well-apj^ointed  home  of  a  great 
university  law  school.  Vvom  her  humbler  home  in  Cam- 
bridge, I  gladly  bring  the  greetings  and  congratulations 
of  the  elder  to  the  younger  sister,  and  I  am  deeply  sen- 
sible of  the  privilege  of  saying  here  a  few  words  upon  a 
topic  that  is  near  to  the  hearts  of  both. 

On  this  red-letter  day  in  the  history  of  law  schools, 
we  may  look  back  for  a  moment  u|Don  the  path  of  legal 
education,  if  f)nly  to  take  courage  for  further  achievement, 
as   we   watch   the    steadily    growing    c(jnvictit)n,  ^'i    this 


26  Address  of  James  Barr  Ames. 

country  at  least,  that  law  is  a  science,  and  as  such  can 
best  be  taught  by  the  law  faculty  of  a  university. 

With  the  revival  of  interest  in  the  Roman  Law, 
students  flocked  to  the  mediaeval  universities,  notably  to 
Bologna  and  Paris  ;  and  in  countries  where  the  system 
of  law  is  essentially  Roman,  the  tradition  of  obtaining 
one's  legal  education  at  a  university  has  continued  un- 
broken. Indeed,  upon  the  continent  of  Europe  a  univer- 
sity law  school  is  the  only  avenue  to  the  legal  profession. 
But  the  English  law  was  not  Romanized.  For  this,  any 
one  who  thinks  of  trial  by  jury,  of  the  beneficence  of 
English  equity,  and  of  the  unrivaled  English  judiciary, 
may  well  be  thankful.  But  as  a  consequence  of  the  non- 
acceptance  of  Roman  Law,  early  English  lawyers  were 
not  bred  at  Oxford  or  Cambridge.  For  the  universities 
were  in  the  hands  of  the  ecclesiastics,  who  naturally  con- 
fined their  attention  to  the  canon  and  civil  law.  Another 
reason  may  be  found  in  the  well-known  dialogue  between 
Lord  Chancellor  Fortescue  and  the  young  Prince  of 
Wales  in  praise  of  the  laws  of  England.  The  Prince 
having  asked  why  the  laws  of  England  were  not  taught 
at  the  universities,  the  Chancellor  replied  :  "  In  the  uni- 
versities of  England  sciences  are  not  taught  but  in  the 
Latin  tongue,  and  the  laws  of  the  land  are  to  be  learned 
in  the  three  several  tongues,  to  witte,  in  the  English 
tongue,  the  French  tongue  and  the  Latin  tongue." 

English  lawyers,  therefore,  obtained  their  legal  train- 
ing in  London,  and,  in  early  times,  at  the  Inns  of  Court, 
which,  with  the  dependent  Chancery  Inns,  were  called  by 
Fortescue  and  Coke  a  legal  university.  In  the  days  of 
these  writers,  the  term  was  not  inapt.  The  membership 
of  the  inns  was  made  up  of  students,  resident  graduates, 
called  barristers,  readers  or  professors,  and  benchers,  or 
ex-professors,  all  living  together  in  their  dormitories  and 
dining-halls,  in  that  spirit  of  comradeship  which  has 
added  so  much  to  the  attractiveness  and  influence  of  the 
legal  profession.     They  lived,  too,  in  an  atmosphere  of 


Address  of  James  Bakr  Ames.  27 

legal  thought.  Every  day  after  dinner,  and  every  night 
after  supper,  there  were  discussions  of  legal  questions 
after  the  manner  of  a  moot-court.  There  were  also  lec- 
tures by  the  old  barristers,  which  were  followed  by  dis- 
cussions of  the  chief  points  of  the  lectures.  But  the 
lectures  and  discussions  came  in  time  to  be  regarded  as 
too  great  a  burden  upon  the  lawyers.  They  were  at  first 
shortened,  and  finally,  in  the  latter  half  of  the  seven- 
teenth century,  given  up  altogether. 

A  legal  education  being  no  longer  obtainable  in  the 
Inns  of  Court,  students  of  law  trusted  to  private  reading, 
supplemented  at  first  by  experience  in  attorneys'  offices, 
but  after  Lord  Mansfield's  day,  in  the  chambers  of  special 
pleaders,  conveyancers  or  equity  draughtsmen. 

The  decay  of  the  Inns  of  Court  seems  not  to  have 
excited,  for  two  hundred  and  fifty  years,  any  adverse  com- 
ment. But  towards  the  middle  of  this  reforming  century 
many  influential  lawyers  were  impressed  with  the  need  of 
a  better  preparation  for  admission  to  the  Bar.  In  1846  a 
Parliamentary  Commission,  after  hearing  the  testimony  of 
a  large  number  of  witnesses,  reported  that  the  state  of 
legal  education  in  England  was  "  extremely  unsatisfiictory 
and  incomi:)lete,"  and  "strikingly  inferior  to  such  educa- 
tion in  all  the  more  civilized  states  of  Europe  and  America," 
and  recommended  that  the  Inns  of  Court  should  resume 
their  ancient  function  of  a  legal  university.  Five  annual 
courses  of  lectures  in  law  were  the  meagre  result  of  this 
report. 

In  1855  a  second  Parliamentary  Commission,  includ- 
ing Vice-Chancellor  Wood,  Sir  Richard  Bethell  (Lord 
\Vesti)ury)  and  Sir  Alexander  Cockburn,  recommended 
that  a  university  be  constituted  with  a  power  of  conferring 
degrees  in  law.  This  recommendation  hatl  no  ellect. 
Some  twenty  years  later,  under  tlie  leadership  of  Lord 
.Selborne,  an  attempt  was  made  to  bring  al)out  the  estab- 
lishment of  a  general  scIkjoI  of  law  in  London  by  the 
action  of  Parliament.       I>nt  the  attcnipl  was  uiisiu  rcf^lul. 


28  Address  of  James  Barr  Ames. 

Finally,  six  years  ago,  a  third  Parliamentary  Commission 
reported  in  favor  of  a  Faculty  of  Law  in  the  proposed 
teaching  University  of  London.  And  there  the  matter 
rests,  although  Lord  Russell  has  recently  expressed  the 
hope  "  that  the  effort  may  once  more  be  made,  and  this 
time  successfully  made,  to  establish  what  Westbury  and 
Selborne  hoped  and  worked  for,  a  great  school  of  law." 

As  a  result  of  the  agitation  of  the  last  sixty  years,  six 
readers  and  four  assistant  readers  give  some  thirty  hours 
of  legal  instruction  per  week  throughout  the  year,  and 
only  those  may  be  called  to  the  Bar  who  have  passed 
successfully  certain  examinations.  These  examinations 
represent  about  one-third  of  the  work  covered  by  those  of 
the  Law  School  of  the  University  of  Pennsylvania,  and, 
in  the  opinion  of  competent  judges,  do  not  afford  any 
trustworthy  test  of  adequate  knowledge  of  the  law.  No 
attendance  is  required  at  the  readers'  lectures  or  classes, 
and  the  actual  attendance  is  small.  There  is  no  perma- 
nent teaching  staff.  The  teachers  are  appointed  for  a  term 
of  three  years.  They  may  or  may  not  be  reappointed. 
Incredible  as  it  may  appear,  at  the  end  of  their  term,  in 
1898,  the  ten  readers  and  assistant  readers  were  all 
dropped  and  replaced  by  a  wholly  new  decemvirate.  The 
reason  for  this  clean  sweep  is  almost  more  surprising  than 
the  change  itself.  The  Council  of  Legal  Education,  as 
one  of  the  members  informed  Lord  Russell,  "  thought  if 
they  did  not  effect  frequent  changes,  and  thus  permitted 
the  idea  to  grow  up  that  the  teachers  should  be  continued 
in  office  so  long  as  they  did  their  work  well,  it  would  be 
interfering  with  them  in  the  pursuit  of  their  profession, 
and  it  would  be  unfair  to  remove  them  later."  Lord  Rus- 
sell, in  criticising  this  novel  conception  of  a  professorial 
staff,  says  truly  that  "  such  a  policy  renders  it  impossible 
to  look  to  the  creation  of  an  experienced  professional 
class  of  teachers."  There  is  obviously  a  wide  gap  between 
this  school  of  the  Inns  of  Court  and  the  leading  law 
schools  in  this  country  with  a  three  years'  course,  compul- 


Address  of  James  Bakr  Amf^.  29 

sory  attendance,  searching-  annual  examinations,  and  a 
faculty  of  permanent  professors. 

One  naturally  asks,  Why  did  not  the  universities 
assume  the  work  of  legal  education  which  the  Inns  of 
Court  abandoned  ?  The  answer  is  simple.  The  traditions 
of  centuries  were  against  such  an  innovation.  It  is  true 
that  the  X'inerian  professorship  of  the  Common  Law,  to 
which  ue  owe  the  world  renowned  Commentaries  of  Black- 
stone,  was  established  at  Oxford  in  the  middle  of  the  last 
century,  and  this  was  followed  some  forty  years  later  by 
the  similar  Downing  professorship  at  Cambridge.  But 
only  within  the  last  thirty  years  has  really  valuable  work 
been  accomplished  at  the  universities  by  a  body  of  com- 
petent and  permanent  teachers.  Even  now  the  depart- 
ment of  law  at  Oxford  and  Cambridge  is  not  and  does 
not  claim  to  be  a  professional  school.  A  large  part  of  the 
curriculum  is  devoted  to  Roman  Law,  Jurisprudence  and 
International  Law,  and  a  large  majority  of  those  who 
take  the  law  course  are  undergraduates  who  propose  to 
take  their  B.A.  degree  in  law.  Mr.  Raleigh,  one  time 
Vinerian  Reader  in  English  Law,  tells  us  that  the  best  men 
at  Oxford  seldom  begin  the  study  of  law  until  they  go  to 
London,  and  he  thinks,  in  common  with  many  others,  that 
the  ancient  universities  committed  a  grave  mistake  when 
they  placed  law  among  the  subjects  that  qualify  for  the 
degree  of  B.A. 

I  regret  to  find  that  Sir  Frederick  Pt)llock  considers 
this  mistake  irrevocable.  American  law  professors  would 
generally  agree  that  a  college  student  had  better  let  law 
alone  until  he  has  completed  his  undergraduate  course. 
Until  the  law  course  is  made  exclusively  a  post-graduate 
course,  and  Roman  Law,  Jurisprudence  and  International 
Law  are  made  electives  in  the  third  year  of  the  curriculum, 
instead  of  recjuired  subjects  of  the  first  year,  and  the  staff 
of  permanent  prrjfessors  materially  enlarged,  those  of  us 
who  would  like  to  see  a  strong  j)r<)fessional  school  of  law 


30  Address  of  James  Barr  Ames. 

at  the  English  universities,  are    not  hkely  to  have  our 
dreams  realized. 

There  must  be,  of  course,  some  sufficient  reason  why, 
notwithstanding  the  recommendations  of  successive  Par- 
liamentary Commissions,  and  the  earnest  efforts  of  men 
like  Lord  Westbury,  Lord  Selborne  and  Lord  Russell,  so 
little  progress  has  been  made,  either  in  London  or  at 
Oxford  or  Cambridge,  towards  the  establishment  of  a  law 
school  comparable  to  the  best  schools  in  other  countries. 
A  distinguished  lawyer  of  this  city  suggested,  many  years 
ago,  the  quaint  explanation  that  in  a  country  in  which  the 
law  consists  of  the  decisions  of  the  judges,  "  it  might  be 
politic  not  to  encourage  academic  schools  of  the  national 
jurisprudence  lest  ambitious  professors  and  bold  commen- 
tators should  obtrude  their  private  opinions,  and  instil 
doubts  into  the  minds  of  the  youth."  The  true  explana- 
tion, it  is  believed,  is  that  which  was  suggested  by  another 
eminent  Philadelphia  lawyer.  Mr.  Samuel  Dickson,  to 
whom  we  have  had  the  pleasure  of  listening  to-day,  in  his 
interesting  address  at  the  opening  session  of  this  school 
eight  years  ago,  pointed  out  that  no  public  inconvenience 
was  felt  from  the  calling  to  the  Bar  of  gentlemen  who 
were  incompetent  or  unwilling  to  practice.  For  the  barris- 
ters being  engaged,  under  the  English  custom,  not  by  the 
clients,  but  by  the  attorneys  or  solicitors,  who  were  them- 
selves experienced  in  law,  the  ignorant  or  incompetent 
barristers  had  no  chance  of  obtaining  any  business,  and 
dropped  out  of  sight.  Furthermore,  the  concentration  of 
the  entire  body  of  barristers  in  London,  and  the  unrivaled 
honors  and  emoluments  that  reward  the  successful  lawyer 
so  developed  competition  and  so  stimulated  the  ambition 
of  the  ablest  men,  as  inevitably  to  produce  a  Bench  and 
Bar  of  the  highest  merit  and  distinction. 

If  we  turn  now  to  this  country,  we  find  a  marked 
contrast  with  the  English  experience  in  legal  education. 
To  the  College  of  William  and  Mary,  in  Virginia,  belongs 
the  distinction  of  having  the  earliest  law  professorship  in 


Address  of  James  Bakr  Ames.  31 

the  United  States,  a  distinction  due  to  thie  fertile  g-enius 
of  Jefferson,  who,  being-  appointed  visitor  to  the  college 
in  1779,  wrote  to  a  friend,  in  a  tone  of  g^reat  satisfaction, 
that  he  had  succeeded  in  abolishing  the  two  professor- 
ships of  divinity  and  substituting  two  others,  one  of  medi- 
cine and  one  of  law  and  police.  Judge  George  Wythe, 
commonly  known  as  Chancellor  Wythe,  was  appointed 
professor,  doubtless  through  the  influence  of  Jefferson, 
who  had  been  a  pupil  in  his  office.  It  is  an  interesting 
fact  that  John  Marshall,  as  a  student  of  the  college, 
attended  the  first  course  of  lectures  given  by  the  first 
American  law  professor.  Three  similar  professorships 
were  established  in  the  last  century,  at  Philadelphia,  New 
York,  and  Lexington,  Ky.  It  seems  probable  that  these 
professorships  were  created  with  the  hope  that  they 
would  soon  expand  into  university  schools  of  law.  Such 
an  inference  derives  support  from  the  high  character  of 
the  first  incumbents.  Professor  Wythe  was  a  distin- 
guished judge  of  the  high  Court  of  Chancery  of  Virginia, 
Professor  Wilson,  at  Philadelphia,  was  an  Associate 
Justice  of  the  Supreme  Court  of  the  United  States,  and 
both  were  signers  of  the  Declaration  of  Independence. 
Professor  Kent,  though  a  young  man  when  first  appointed, 
already  ranked  as  a  lawyer  of  exceptional  ability  and 
legal  learning.  To  these  honored  names  should  be  added 
that  of  Henry  Clav,  who,  although  the  fact  seems  to 
have  escaped  his  biographers,  was  for  two  years  professor 
of  law  at  Transylvania  University,  being  the  youngest 
full  law  prcjfessor,  as  well  as  the  youngest  senator,  in  our 
country's  history.  But  the  hopes  that  may  have  been 
entertained  of  developing  schools  of  law  out  of  these 
professorships  were  in  the  main  doomed  to  disappoint- 
ment. The  private  law  school  at  Litchfield  had  for  nearly 
twenty-five  years  no  competitor,  and  througliout  the  fifty 
years  of  its  existence  was  the  only  school  that  could  claim 
a  national  character. 

r 


32  Address  of  James  Barr  Ames. 

The  oldest  of  the  now  existing  law  schools  in  this 
country  is  the  school  at  Cambridge,  which  was  organized 
in  1817.  But  for  the  first  dozen  years  of  its  existence,  the 
Harvard  School  was  a  languishing  local  institution. 
I  cannot  better  present  to  you  the  gloomy  outlook  for 
this  school  at  that  time  than  by  quoting  from  Provost 
Duponceau.  In  an  address  before  the  Philadelphia  Law 
Academy  in  1 821,  he  advocated  earnestly  the  establish- 
ment in  Philadelphia  of  a  National  School  of  Law,  and 
after  alluding  to  the  law  lectures  at  the  University  of 
Cambridge,  added:  "  If  that  justly  celebrated  University 
were  situated  elsewhere  than  in  one  of  the  remote  parts 
of  our  union,  there  would  be  no  need,  perhaps,  of  looking 
to  this  city  for  the  completion  of  the  object  which  we 
have  in  view.  Their  own  sagacity  would  suggest  to  them 
the  necessity  of  appointing  additional  professors,  and 
thus  under  their  hands  would  gradually  rise  a  noble 
temple  dedicated  to  the  study  of  our  national  jurisprudence. 
But  their  local  situation  precludes  every  such  hope."  Nor 
were  the  law  schools  of  the  University  of  Maryland,  Yale 
and  the  University  of  Virginia,  which  were  established 
between  1824  and  1826,  in  any  sense  rivals  of  the  Litch- 
field School.  At  the  termination  of  that  famous  private 
school  in  1833,  there  were  only  about  150  students  at 
seven  university  law  schools.  In  the  dozen  years  follow- 
ing, new  schools  were  organized,  and  the  school  at  Cam- 
bridge under  the  leadership  of  Story,  in  spite  of  its 
unfortunate  situation,  became  a  national  institution.  In 
1850,  when  the  Law  School  of  the  University  of  Pennsyl- 
vania was  established  by  the  auspicious  election  of  Judge 
Sharswood  as  Professor  of  Law,  our  schools  numbered 
fourteen,  and  in  i860  the  number  had  risen  to  twenty-three, 
with  a  total  attendance  of  about  1000  students,  all  but 
one  of  these  schools  forming  a  department  of  some 
university.  In  the  thirty-five  years  since  the  Civil  War 
more  than  eighty  new  schools  have  been  organized,  so 
that  we  have  to-day  105  law  schools,  with  an  attendance 


Address  of  James  Barr  Ames.  3^ 

of  about  13,000  students.  Twenty-five  years  ago  in  none 
of  the  schools  did  the  course  exceed  two  years.  To-day, 
fifty  of  the  schools  have  a  three  years'  course.  Nearly 
ninety  of  these  schools  are  departments  of  a  university. 
Valuable  as  the  lawyer's  office  is  and  must  always 
be  for  learning  the  art  of  practice,  these  figures  show 
how  completely  it  has  been  superseded  by  the  law  school 
as  a  place  for  acquiring  familiaritv  with  the  principles  of 
law. 

It  is  an  interesting  illustration  of  the  law  of  evolution 
that  we  Americans,  starting  from  radically  different  tra- 
ditions of  legal  education,  by  a  wholly  independent 
process,  without  any  imitation  of  continental  ideas,  have 
adopted  in  substance  the  continental  practice  of  university 
legal  training. 

What  is  the  significance  for  the  future  of  this  remark- 
able growth  of  law  schools?  It  means,  first  of  all,  the 
opening  of  a  new  career  in  the  legal  profession,  the  career 
of  the  law  professor.  This  is  a  very  ancient  career  in 
countries  in  which  the  Civil  Law  prevails.  In  Germany, 
for  instance,  a  young  man  upon  completing  his  law 
studies  at  the  university,  determines  whether  he  will  be 
a  practicing  lawyer,  a  judge  or  professor,  and  shapes  his 
subsequent  course  accordingly.  The  law  faculties  are, 
therefore,  rarely  recruited  from  either  practicing  lawyers 
or  judges.  This  custom  will  never,  I  trust,  prevail  in 
this  country.  Several  of  my  colleagues  at  Cambridge 
think  that  a  law  faculty  made  up  in  about  ecjual  propor- 
tions i)i  men  appointed  soon  after  receiving  their  law 
degree,  and  of  men  appointed  after  an  experience  of  from 
ten  to  twenty  years  in  practice  or  upon  the  Bench  would 
give  the  best  obtainable  results.  I  should  be  willing  to 
take  the  chances  of  a  somewhat  larger  proportion  of  the 
younger  men,  if  I  believe  them  to  have  the  making  of 
eminent  counselors  or  strong  judges;  aiul,  surclv,  men 
lacking  these  qualifications  ought  never  to  be  thought  ol 
as  permanent  teachers  in  a  first-class   law  school.     ''^Iic 


34  Address  of  James  Barr  Ames, 

experience  of  the  new  law  school  at  Leland  Stanford 
University  may  fairly  be  expected  to  throw  light  on  this 
problem.  Next  year,  four  of  the  five  law  professors  in  that 
school  will  be  men  who  received  their  appointment  within 
two  years  after  taking  their  degree  in  law.  They  all 
graduated  with  distinction,  and  might  look  forward  with 
confidence  to  a  successful  career  at  the  Bar  or  on  the 
Bench.  I  venture  the  prediction  that  this  California 
school  will  ere  long  be  in  the  front  rank  of  American 
law  schools.  One  of  their  faculty  told  me  that  their 
ambition  was  to  make  the  Stanford  Law  School  better 
than  the  best  Eastern  law  schools,  and  added,  with  com- 
mendable enthusiasm,  that  he  believed  they  would 
succeed  within  twenty-five  years.  May  God  speed  them 
to  their  goal ! 

But  whatever  question  there  may  be  as  to  the  just 
proportion  in  a  law  faculty  of  professors  from  the  forum 
and  from  the  university,  there  ought  to  be  no  doubt  that 
the  faculty  should  be  made  up  almost  wholly  of  men  who 
devote  the  whole  of  their  time  to  the  university.  The 
work  of  a  law  professor  is  strenuous  enough  to  tax  the 
energies  of  the  most  vigorous  and  demands  an  undivided 
allegiance. 

At  the  present  time  about  one-fourth  of  the  law  pro- 
fesssors  of  this  country  give  themselves  wholly  to  the 
duties  of  their  professorships,  while  three-fourths  of  them 
are  active  in  practice  or  upon  the  Bench.  These  propor- 
tions ought  to  be,  and  are  likely  to  be,  reversed  in  the 
next  generation.  At  the  law  schools  of  Harvard,  Colum- 
bia, University  of  Virginia,  Washington  and  Lee,  Cornell, 
Stanford  and  as  many  more,  nearly  all  the  professors  give 
themselves  exclusively  to  the  academic  life.  The  Uni- 
versity of  Pennsylvania,  I  am  confident,  will  not  be  long 
in  joining  this  group.  There  are,  of  course,  occasional 
instances  of  men  of  exceptional  ability,  facility  and  capa- 
city for  work,  and  of  such  abundant  loyalty — I  need  not 
■go  beyond  the  walls  of  this  building  for  illustrations — 


Address  of  James  Barr  Ames. 


o:) 


from  whom  it  is  better  to  accept  the  half  loaf  that  they 
are  ready  to  give,  than  the  whole  loaf  of  the  next  best 
obtainable  persons.  There  is  always  the  hope,  too,  that 
such  men  may,  sooner  or  later,  cast  in  their  lot  for  good 
and  all  with  the  university.  But  it  is  a  sound  general 
rule  that  a  law  professorship  should  be  regarded  as  a 
vocation  and  not  as  an  avocation. 

Of  this  vocation  the  paramount  duty  is,  of  course, 
that  of  teaching.  Having  mastered  his  subject,  the  pro- 
fessor must  consider  how  best  he  can  help  the  students  to 
master  it  also.  Different  methods  have  prevailed  at  dif- 
ferent times  and  places.  At  the  Litchfield  School,  Judge 
Reeve  and  Judge  Gould  divided  the  law  into  forty-eight 
titles  and  prepared  written  lectures  on  these  titles  which 
they  delivered,  or  rather  dictated  to  the  students,  who 
took  as  accurate  notes  as  possible,  which  they  afterwards 
filled  out  and  copied  for  preservation.  A  set  of  these 
notes,  filling  three  quarto  volumes  of  about  five  hundred 
pages  each,  was  presented  to  the  Harvard  Law  Library. 
The  donor  in  his  letter  accompanying  the  gift  wrote  that 
these  notes  were  so  highly  prized  when  he  was  a  student 
at  Litchfield  that  Sioo  and  upwards  were  frequently  paid 
for  a  set.  At  a  time  when  there  were  very  few  legal 
treatises,  this  plan  of  supplying  the  students  with  manu- 
script text-books  served  a  useful  purpose.  But  with  the 
multiplication  of  printed  treatises,  instruction  by  the  writ- 
ten lecture,  which  Judge  Story,  as  far  back  as  1843,  char- 
acterized as  inadequate,  has  been  rightly  superseded. 
The  recitation  or  text-book  method  was  for  many  years 
the  prevailing  method,  and  is  still  much  used.  A  certain 
number  of  pages  in  a  given  text-book  are  assigned  t(5  the 
students,  which  they  are  expected  to  read  before  coming 
to  the  lecture  room.  The  professor  catechises  them  upon 
these  pages,  and  comments  upon  them,  criticising,  ami)li- 
fying  and  illustrating  the  text  according  to  his  judgmcMit. 
In  the  hands  of  a  miLsterof  exposition,  who  has  also  the 
gift  of  provoking  di.scussion  by  putting  hypothetical  cases. 


36  Address  of  James  Barr  Ames. 

this  method  will  accomplish  valuable  results.  But  the 
fundamental  criticism  to  be  made  upon  the  recitation 
method  of  instruction,  as  generally  handled,  is  that  it  is 
not  a  virile  system.  It  treats  the  student  not  as  a  man, 
but  as  a  schoolboy  reciting  his  lesson.  Any  young  man 
who  is  old  enough  and  clever  enough  to  study  law  at  all, 
is  old  enough  to  study  it  in  the  same  spirit  and  the  same 
manner  in  which  a  lawyer  or  judge  seeks  to  arrive  at  the 
legal  principle  involved  in  an  actual  litigation.  The  notion 
that  there  is  one  law  for  the  student  and  another  law  for 
the  mature  lawyer  is  pure  fallacy.  When  thirty  years  ago 
Professor  Langdell  introduced  the  inductive  method  of 
studying  law,  it  was  my  good  fortune  to  be  in  his  first 
class  at  the  Harvard  Law  School,  so  that  we  had  an  op- 
portunity to  compare  his  method  with  the  recitation  sys- 
tem. We  were  plunged  into  his  collection  of  cases  on 
Contracts,  and  were  made  to  feel  from  the  outset  that  we 
were  his  fellow  students,  all  seeking  to  work  out  by  dis- 
cussion the  true  principle  at  the  bottom  of  the  cases.  We 
very  soon  came  to  have  definite  convictions,  which  we 
were  prepared  to  maintain  stoutly  on  legal  grounds,  and 
we  were  possessed  with  a  spirit  of  enthusiasm  for  our 
work  in  Contracts,  which  was  sadly  lacking  in  the  other 
courses  conducted  on  the  recitation  plan. 

There  are  some  very  suggestive  sentences  in  Lord 
Chief  Baron  Kelly's  testimony  before  the  Parliamentary 
Commission  of  1855.  He  was  giving  his  reasons,  derived 
from  his  own  experience,  for  setting  a  much  higher  value 
upon  the  experience  in  the  chamber  of  a  barrister  or 
special  pleader  than  upon  courses  of  lectures.  "  Per- 
haps," he  says,  "  there  was  too  much  copying.  But  there 
was  also  this — there  were  constant  debatings,  there  were 
constant  investigations  of  every  case  that  came  into  the 
barrister's  or  pleader's  chambers  for  his  opinion  and  look- 
ing up  of  cases ;  and  then  the  students,  each  giving  his 
own  opinion  upon  the  case,  and  saying  why  he  formed 
that  opinion,  by  referring  to  authorities  ;  and  then  the 


Address  of  James  Bark  Ames.  37 

barrister  saying-,  my  opinion  is  so  and  so,  upon  such  and 
such  grounds,  correcting  the  errors  of  the  one  student, 
and  approving  of  the  course  resorted  to  by  the  other. 
That  was  the  way  in  which  I  learned  the  law,  together 
with  reading;  and  if  I  am  to  compel  anybody  to  go 
through  any  course  at  all,  it  would  be  just  that  course." 
The  Lord  Chief  Baron  was  exceptionally  fortunate  in  his 
student  e.xperience.  He  was  in  truth  at  a  private  law 
school  conducted  on  the  sound  principle  of  developing 
the  student's  powers  of  legal  reasoning  by  continual  dis- 
cussion of  the  principles  involved  in  actual  cases.  With 
the  extinction  of  the  special  pleader  there  are  few  such 
schools  left,  even  in  London,  and  none  at  all  in  this 
country.  One  of  my  colleagues  has  said  that  if  a  law- 
yer's office  were  conducted  purely  in  the  interest  of  the 
student,  and  if,  by  some  magician's  power,  the  lawyer 
could  command  an  unfailing  supply  of  clients  with  all 
sorts  of  cases,  and  could  so  order  the  coming  of  these 
clients  as  one  would  arrange  the  topics  of  a  scientific  law- 
book, we  should  have  the  law-student's  paradise.  This 
fanciful  suggestion  was  made  with  a  view  of  showing 
how  close  an  approximation  to  this  dream  of  perfection 
we  may  actually  make.  If  we  cannot  summon  at  will 
the  living  clients,  we  can  put  at  the  service  of  the  stu- 
dents, and  in  a  place  created  and  carried  on  especially 
for  their  benefit,  the  adjudicated  cases  of  the  multitude  of 
clients  who  have  had  their  day  in  court  We  have  only 
to  turn  t(^  the  reported  instances  of  past  litigation,  and 
we  may  so  arrange  these  cases  by  subjects  and  in  the 
order  of  time  as  to  enable  us  to  trace  the  genesis  and  the 
development  of  legal  doctrines.  If  it  be  the  professor's 
object  that  his  students  shall  be  able  to  discriminate  be- 
tween the  relevant  and  tiic  irrelevant  facts  of  a  case,  to 
draw  just  distinctions  between  things  a|:)parcntly  similar, 
and  to  discover  true  analogies  between  things  apjiarently 
dissimilar,  in  a  word,  that  they  shall  be  sound  Icycp! 
thinkers,  competent   to   gra|)pl<'  with    new   problems  be- 


38  Address  of  James  Barr  Ames. 

cause  of  their  experience  in  mastering  old  ones,  I  know 
of  no  better  course  for  him  to  pursue  than  to  travel  with 
his  class  through  a  wisely  chosen  collection  of  cases. 
These  "constant  debatings"  in  the  class  have  a  further 
advantage.  They  make  easy  and  natural  the  growth  of 
the  custom  of  private  talks  and  discussions  between  pro- 
fessor and  students  outside  of  the  lecture  rooms.  Any 
one  who  has  watched  the  working  of  this  custom  knows 
how  much  it  increases  the  usefulness  of  the  professor  and 
the  effectiveness  of  the  school. 

But  the  field  of  the  law-professor's  activity  is  not 
limited  to  his  relations  with  the  students,  either  in  or  out 
of  the  classroom.  His  position  gives  him  an  exceptional 
opportunity  to  exert  a  wholesome  influence  upon  the 
development  of  the  law  by  his  writings.  If  we  turn  to 
the  countries  in  which  the  vocation  of  the  law-professor 
has  long  been  recognized,  to  Germany,  for  instance,  we 
find  a  large  body  of  legal  literature,  of  a  high  quality,  the 
best  and  the  greater  part  of  which  is  the  work  of  profes- 
sors. The  names  of  Savigny,  Windscheid,  Ihering  and 
Brunner  at  once  suggest  themselves.  These  and  many 
others  are  the  lights  of  the  legal  profession  in  Germany. 
The  influence  of  their  opinions  in  the  courts  is  as  great  or 
even  greater  than  that  of  judicial  precedents.  Indeed, 
to  our  way  of  thinking,  too  much  regard  is  paid  to  the 
opinion  of  writers  and  too  little  to  judicial  precedents,  with 
the  unfortunate  result  that  the  distinction  of  the  conti- 
nental judges  is  far  less  than  that  of  the  English  judiciary. 
The  members  of  the  court  do  not  deliver  their  opinions 
seriatim^  nor  does  one  judge  deliver  his  written  opinion  as 
that  of  the  court.  The  opinions  are  all  what  we  call  per 
ciiriain  opinions.  Furthermore,  one  may  search  the 
reports  from  cover  to  cover,  and  not  be  able  to  find  the 
number  or  the  names  of  the  judges  who  constitute  the 
highest  court  in  the  German  Empire. 

But,  while  the  Germans  might  well  ponder  upon  the 
splendid  record  and  position  of  the  judges  in  England  and 


Address  of  James  Barr  Ames.  39 

in  the  best  courts  in  this  country,  we,  on  the  other  hand, 
have  much  to  learn  from  them  in  the  matter  of  legal  litera- 
ture. Some  of  our  law  books  would  rank  with  the  best 
in  any  countrv,  but  as  a  class  our  treatises  are  distinctly 
poor.  The  explanation  for  this  is  to  be  found,  I  think,  in 
the  absence  of  a  large  professorial  class.  We  now  at  last 
have  such  a  class,  and  the  opportunity  for  great  achieve- 
ments in  legal  authorship  is  most  propitious.  Doubtless 
no  single  book  will  ever  win  the  success  of  the  Com- 
mentaries of  Blackstone  or  Kent.  And  no  single  profes- 
sor will  ever  repeat  the  marvelous  fecundity  of  Story,  who, 
in  the  si.xteen  years  of  his  professorship,  being  also  all 
those  years  on  the  bench  of  the  Supreme  Court,  wrote  ten 
treatises  of  fourteen  volumes,  and  thirteen  revisions  of 
these  treatises.  We  live  in  the  era  of  specialization,  and 
the  time  has  now  come  for  the  intensive  cultivation  of  the 
field  of  law.  The  enormous  increase  in  the  variety  and 
complexity  of  human  relations,  the  multiplication  of  law 
reports,  and  the  modern  spirit  of  historical  research, 
demand  for  the  making  of  a  first-class  book  on  a  single 
branch  of  the  law  an  amount  of  time  and  thought  that  a 
judge  or  lawyer  in  active  practice  can  almost  never  give. 
The  professor,  on  the  other  hand,  while  dealing  with  his 
subject  in  the  lecture  room,  is  working  in  the  direct  line 
of  his  intended  book,  and  if  he  teaches  by  the  method  of 
discussion  of  reported  cases,  he  has  the  best  possible  safe- 
guard against  unsound  generalizations  ;  for  no  ill-con- 
sidered theory,  no  doctrinaire  tendency  can  successfully 
run  the  gaundet  of  keen  questions  from  a  body  of  alert 
and  able  young  men  encouraged  and  eager  to  get  at  the 
root  of  the  matter.  He  has  also  in  his  successive  classes 
the  gratuitous  services  of  a  large  number  of  unwitting 
collaborators.  For  every  one  who  has  ever  writlcii  on  a 
subject,  which  has  been  threshed  out  by  such  classroom 
discussion,  will  cordially  agree  with  tiiesc  words  of  the 
late  Mcister  of  Halliol  :  "  Such  students  are  the  wings  of 
their  teacher;  they  seem   to   know    more  than  they  ever 


40  Address  of  James  Barr  Ames. 

learn  ;  they  clothe  the  bare  and  fragmentary  thought  in 
the  brightness  of  their  own  mind.  Their  questions  suggest 
new  thoughts  to  him,  and  he  appears  to  derive  from  them 
as  much  or  more  than  he  imparts  to  them." 

Under  these  favoring  conditions  the  next  twenty-five 
years  ought  to  give  us  a  high  order  of  treatises  on  all  the 
important  branches  of  the  law,  exhibiting  the  historical 
development  of  the  subject  and  containing  sound  con- 
clusions based  upon  scientific  analysis.  We  may  then 
expect  an  adequate  history  of  our  law  supplementing  the 
admirable  beginning  made  by  the  monumental  work  of 
Pollock  and  Maitland. 

But  the  chief  value  of  this  new  order  of  legal  litera- 
ture will  be  found  in  its  power  to  correct  what  I  conceive 
to  be  the  principal  defect  in  the  generally  admirable  work 
of  the  judges.  It  is  the  function  of  the  law  to  work  out 
in  terms  of  legal  principle  the  rules,  which  will  give  the 
utmost  possible  effect  to  the  legitimate  needs  and  pur- 
poses of  men  in  their  various  activities.  Too  often  the 
just  expectations  of  men  are  thwarted  by  the  action  of  the 
courts,  a  result  largely  due  to  taking  a  partial  view  of  the 
subject,  or  to  a  failure  to  grasp  the  original  development 
and  true  significance  of  the  rule  which  is  made  the  basis 
of  the  decision.  Lord  Holt's  unfortunate  controversy 
with  the  merchants  of  Lombard  street  is  a  conspicuous 
instance  of  this  sort  of  judicial  error.  When,  again,  the 
Exchequer  Chamber  denied  the  quality  of  negotiability  to 
a  note  made  payable  to  the  treasurer  for  the  time  being 
of  an  unincorporated  company,  they  defeated  an  admir- 
able mercantile  contrivance  for  avoiding  the  inconvenience 
of  notes  payable  to  an  unchartered  company  or  to  a  par- 
ticular person  as  trustee.  Both  mistakes  were  due  to 
a  misconception  of  the  true  principle  of  negotiability  and 
both  were  remedied  by  legislation.  It  would  be  difficult 
to  find  an  established  rule  of  law  more  repugnant  to  the 
views  of  business  men  or  more  vigorously  condemned  by 
the  courts  that  apply  it,  than  the  rule  that  a  creditor  who 


Address  of  James  IUrr  Ames.  41 

accepts  part  of  his  debt  in  satisfaction  of  the  whole,  may 
safely  disregard  his  agreement  and  collect  the  rest  of  the 
debt  from  his  debtor.  This  unfortunate  rule  is  the  result 
of  misunderstanding  a  dictum  of  Coke.  In  truth,  Coke, 
in  an  overlooked  case,  declared  in  unmistakable  terms 
the  legal  validity  of  the  creditor's  agreement.  In  sug- 
gesting these  illustrations  of  occasional  conflict  between 
judicial  decisions  and  the  legitimate  interests  of  merchants 
I  would  not  be  understood  as  reflecdng  upon  the  work  of 
the  judges.  Far  from  it.  The  marvel  is  that  in  dealing 
with  the  many  and  varied  problems  that  come  before 
them,  very  often  without  any  adequate  help  from  the 
books,  so  few  mistakes  are  made.  From  the  nature  of 
the  case  the  judge  cannot  be  expected  to  engage  in 
original  historical  investigations,  nor  can  he  approach  the 
case  before  him  from  the  point  of  view  of  one  who  has 
made  a  minute  and  comprehensive  examination  of  the 
branch  of  the  law  of  which  the  question  to  be  decided 
forms  a  part.  The  judge  is  not  and  ought  not  to  be  a 
specialist.  But  it  is  his  right,  of  which  he  has  too  long 
been  deprived,  to  have  the  benefit  of  the  conclusions  of 
specialists  or  professors,  whose  writings  represent  years 
of  study  and  reflection,  and  are  illuminated  by  the  light 
of  history,  analysis  and  the  comparison  of  the  laws  of 
different  countries.  The  judge  may  or  may  not  accept 
the  conclusions  of  the  j:)rofessor,  as  he  may  accept  or 
reject  the  arguments  of  counsel.  But  that  the  treatises  of 
the  professors  will  be  of  a  quality  to  render  invaluable 
service  to  the  judge  and  that  they  are  destined  to  exercise 
a  great  influence  in  the  further  development  of  our  law, 
must  be  clear  to  every  thoughtful  lawyer. 

It  is  the  part  of  a  professor,  as  well  as  of  a  judge,  to 
enlarge  his  jurisdiction.  Mention  should,  tiierefore,  be 
made  (jf  the  wholesome  influence  which  the  professor  may 
exert  as  an  expert  counselor  in  legislation,  either  by  stay- 
ing or  guiding  the  hand  (jf  the  legislator. 

The  necessity  (jf  some  legisl.ition  to  hupijlcuRuL  the 


42  Address  of  James  Barr  Ames. 

work  of  the  judges,  and  the  wisdom  of  many  statutory- 
changes  will  be  admitted  by  all.  But  the  power  of  legis- 
lation is  a  dangerous  weapon.  Every  lawyer  can  recall 
many  instances  of  unintelligent,  mischievous  tampering 
with  established  rules  of  law.  One  of  the  worst  of  such 
instances  is  the  provision  in  the  New  York  Revised 
Statutes  of  1828,  which  changed  radically  the  rule  against 
perpetuities,  and  which  called  forth  Professor  Gray's  criti- 
cism "  that  in  no  civilized  country  is  the  making  of  a  will  so 
delicate  an  operation  and  so  likely  to  fail  of  success  as  in 
New  York."  Equally  severe  criticism  may  be  fairly  made 
upon  the  revolutionary  legislation  in  the  same  State,  in 
1830,  in  regard  to  the  law  of  trust.  This  new  legislation 
has  produced  several  thousand  reported  cases  and  has 
given  to  New  York  a  system  of  trusts  of  so  provincial  a 
character,  that  in  the  opinion  of  Mr.  Chaplin,  the  author 
of  a  valuable  work  on  trusts,  the  ordinary  treatises  on  that 
subject  are  deprived  of  much  of  their  value  for  local  use. 
A  part  of  this  provincial  system  worked  so  disastrously, 
and  caused,  as  Chief  Justice  Parker  has  said  in  a  recent 
opinion,  so  many  "  wrecks  of  original  charities — charities 
that  were  dear  to  the  hearts  of  their  would  be  founders,  and 
the  execution  of  which  would  have  been  of  inestimable 
value  to  the  public,"  that  it  was  at  last  abolished  and  the 
English  system  of  charitable  trusts  restored.  No  one  will 
be  so  rash  as  to  regard  the  law  professor  as  a  panacea 
against  the  evils  of  unwise  legislation.  But  I  know  of  no 
better  safeguard  against  such  evils  than  the  existence  of  a 
permanent  body  of  teachers  devoting  themselves  year 
after  year  to  the  mastery  of  their  respective  subjects. 
Then  again  the  spirit  of  codification  is  abroad.  It  is 
devoutly  to  be  wished  that  this  spirit  may  be  held  in  check, 
until  we  have  a  body  of  legal  literature  resting  upon  sound 
generalizations.  If,  however,  codification  must  come 
prematurely,  it  is  the  part  of  wisdom  to  bring  to  the  work 
the  best  expert  knowledge  in  the  country.  The  commis- 
sion to  draft  the  code  should  be  composed  of  competent 


Address  of  James  Bark  Ames.  43 

judges,  lawyers  and  professors,  and,  in  tlie  case  of  com- 
mercial subjects,  business  men  of  wide  experience.  The 
draft  of  the  proposed  code  should  be  published  in  a  form 
easily  accessible  to  any  one,  and  the  freest  criticism 
through  legal  periodicals  or  otherwise  should  be  invited 
during  several  years.  In  the  light  of  this  criticism  the 
draft  should  then  be  amended  and  revised.  In  Germany, 
where  by  far  the  best  of  modern  codification  is  to  be  found, 
these  cardinal  principles  are  followed  as  a  matter  of  course. 
Thev  were  almost  completely  ignored,  and  wuth  very 
unfortunate  results,  in  the  preparation  of  the  Negotiable 
Instruments  Act,  adopted  by  several  of  our  States.  We 
should  surely  mend  our  ways  in  future  codifications.  In 
Germany  much  of  the  best  work  in  the  drafting  of  the 
code  and  of  the  criticism  of  the  draft  is  done  by  the  pro- 
fessors. There  is  no  reason  why  under  similar  methods 
the  same  might  not  be  true  in  this  country. 

This,  then,  is  the  threefold  vocation  of  the  law  pro- 
fessor— teacher,  writer,  expert  counselor  in  legislation. 
Surely,  a  career  offering  a  wide  scope  for  the  most  stren- 
uous mental  activity,  a  stimulus  to  the  highest  intellec- 
tual ambition,  and  gratifying  in  abundant  measure  the 
desire  to  render  high  service  to  one's  fellow-men.  If  the 
professor  renounces  the  joy  of  the  arena,  and  the  intel- 
lectual and  moral  glow  of  triumphant  vindication  of  the 
right  in  the  actual  drama  of  life,  he  has  the  zest  of  the 
hunter  in  the  pursuit  of  legal  doctrines  to  their  source,  he 
has  that  delight,  the  highest  of  purely  intellectual  de- 
lights, which  comes  when,  after  many  vigils,  some  orig- 
inal generalization,  illuminating  and  simplifying  the  law, 
first  flashes  through  his  brain,  and,  better  than  all,  he 
has  the  constant  ins[)iration  of  the  belief  that  through  the 
students  that  go  forth  from  his  teaching  ruid  by  his  writ- 
ings, he  may  leave  his  impress  for  good  ujion  that  system 
of  law  which,  as  Lord  Russell  has  well  said,  "  is,  take  it 
for  all  in  all,  the  noblest  system  of  law  the  world  has  ever 
seen." 


44  Address  of  James  Barr  Ames. 

To  those  of  us  who  believe  that  upon  the  maintenance 
and  wise  administration  of  this  system  of  law  rests  more 
than  upon  any  other  support  the  stability  of  our  govern- 
ment, it  is  a  happy  omen  that  so  many  centres  of  legal 
learning  are  developing  at  the  universities  all  over  our 
land.  May  the  lawyers  and  the  university  authorities  see 
to  it  that  these  law  faculties  are  filled  with  picked  men. 
Until  the  rural  legislator  has  enlightened  views  of  the 
value  of  intellectual  service,  we  cannot  hope  to  have  on 
the  bench  so  many  of  the  ablest  lawyers  as  ought  to  be 
there.  But  the  universities,  many  of  them  at  least,  are  not 
hampered  by  this  difficulty.  They  have  it  in  their  power 
to  add  to  the  inherent  attractiveness  of  the  professor's 
chair  such  emoluments  as  will  draw  to  the  law  faculty  the 
best  legal  talent  of  the  country.  I  have  the  faith  to  believe 
that  at  no  distant  day  there  will  be  at  each  of  the  leading 
university  law  schools,  a  body  of  law  professors  of  distin- 
guished ability,  of  national  and  international  influence. 
That  the  Law  School  of  this  University  will  have  its  place 
among  the  leaders  is  assured,  beyond  peradventure,  by 
the  dedication  of  this  building.  The  lawyers  of  future 
generations,  as  they  walk  through  these  spacious  halls, 
and  see  this  rich  library,  and  the  reading-rooms  thronged 
with  young  men  working  in  the  spirit  of  enthusiastic  com- 
radeship, will  say  :  "  Truly  it  was  a  noble  nursery  of  jus- 
tice and  liberty  that  the  lawyers  and  citizens  of  Philadel- 
phia erected  in  1900" — but  as  they  call  to  mind  the 
distinguished  lawyers  and  judges  among  the  alumni,  and 
as  they  read  over  the  names  of  the  jurist-consults  on  the 
professorial  staff,  men  teaching  in  the  grand  manner,  and 
adding  lustre  by  their  writings  to  the  University  and  to 
the  legal  profession  they  shall  add.  "  But  those  men  of 
Philadelphia  builded  even  better  than  they  knew." 

On  the  conclusion  of  these  exercises  the  special  guests 
of  the  University  were  entertained  at  private  dinners 
given  by  members  of  the  University  Club,  members  of 
the  Board  of  Trustees,  and  of  the  Faculties  of  the  Uni- 


Address  of  Justice  Harl.\n.  45 

versity  of  Pennsylvania,  and  members  of  the  Philadelphia 
Bar.  In  the  evening  the  exercises  were  continued  at  the 
American  Academy  of  Music.  The  program  as  first 
arranged  consisted  of  addresses  by  the  Honorable  John 
Marshall  Harlan,  Senior  Associate  Justice  of  the  Supreme 
Court  of  the  United  States,  the  Honorable  Sir  Charles 
Arthur  Roe,  representing  the  University  of  Oxford,  Eng- 
land, and  Mr.  Gerald  Brown  Finch,  M.  A.,  representing 
the  University  of  Cambridge,  England. 

At  half-past  eight  o'clock  the  procession  moved  from  the 
green  room  to  the  stage,  where  the  special  guests  of  the 
University  and  Reception  Committee  were  already  seated, 
in  the  following  order:  Justice  Harlan,  with  the  Provost 
of  the  University  ;  Sir  Charles  Arthur  Roe,  with  the  Chair- 
man of  the  Committee  of  the  Trustees  on  Law  and  Legal 
Relations ;  Mr.  Finch,  with  the  Dean  of  Faculty  of  the 
Department  of  Law,  the  members  of  the  Committee  of 
the  Trustees  on  Law  and  Legal  Relations,  and  the  Faculty 
of  the  Department  of  Law,  After  music  by  the  students' 
band  of  the  University,  Provost  Harrison  introduced 
Justice  Harlan,  who  spoke  as  follows: 

I  congratulate  the  people  of  this  great  Common- 
wealth, especially  the  Provost,  Trustees,  Professors  and 
Students  of  this  famous  L^niversity,  on  the  auspicious 
character  of  this  occasion.  We  are  assembled  to  mani- 
fest our  interest  in  the  dedication  of  a  new  and  magnifi- 
cent building  for  the  use  of  those  who  in  this  University 
impart  and  receive  instruction  in  the  science  of  law.  All 
who  have  contributed  in  aid  of  its  construction  are  en- 
titled to  the  thanks  ui  the  lovers  of  liberty.  When  I 
speak  of  liberty,  I  mean  such  liberty  as  is  enjoyed  in  this 
country.  This  fair  land  is  in  a  peculiar  sense  the  home 
of  freedom — the  freedom  that  takes  account  of  man  as 
man,  that  tolerates  ncj  government  that  does  not  rest  upon 
the  consent  of  the  governed,  and  recognizes  the  right  of 
all  persons  within  its  jurisdiction,  of  whatever  race,  to  the 
equal  {protection  of  the  laws  in  eveiy  matter  adecting  life, 


46  Address  of  Justice  Harlan. 

liberty  or  property.  In  the  vindication  of  those  prin- 
ciples the  American  people  will  always  need,  as  they  have 
always  had,  the  earnest,  energetic  support  of  the  legal 
profession.  Indeed,  it  is  not  too  much  to  say  that  those 
who  give  their  lives  to  the  study,  practice  and  administra- 
tion of  the  law  constitute  the  active  corps  of  the  great 
army  of  freedom.  If  they  fall  away  from  the  line  of  duty 
and  as  a  body  become  false  to  the  essential  guarantees  of 
life,  liberty  and  property — if  from  want  of  courage  or 
principle  they  retire  before  the  advancing  hosts  of  com- 
munism and  anarchy — we  may  expect  our  freedom  to  be 
displaced  by  despotism  and  lawlessness.  Only  the 
ignorant  or  narrow-minded  inveigh  against  lawyers  as  a 
class  ;  for  candid  students  of  history  admit  that  in  every 
crisis  in  which  freedom  has  been  put  in  peril  by  bad  men 
or  bad  governments.  Judges  and  Lawyers  have  stood 
forth  as  the  fearless  champions  of  right,  the  enemies  of 
wrong  and  oppression.  This  has  never  been  more  dis- 
tinctly illustrated  than  in  the  lives  of  the  Judges  and 
Lawyers  of  this  imperial  Commonwealth.  Pennsylvania 
may  well  take  pride  in  the  fact  that  no  State  of  the  Union 
has  given  to  the  world  a  larger  number  of  eminent  Judges 
and  Lawyers.  Among  those  who  have  adorned  the 
Bench  are  Wilson,  Baldwin,  Grier,  Strong,  McKean, 
William  Tilgham,  Gibson,  Sharswood,  Black,  Thompson 
and  Cadwalader.  Among  those  of  extraordinary  ability 
and  learning  as  lawyers  I  may  mention  Ingersoll,  Edward 
Tilgham,  Rawle,  Binney,  Sergeant,  Meredith,  Campbell 
and  Biddle.  The  memory  of  those  distinguished  men  is 
warmly  cherished  by  the  legal  profession.  You  of  that 
profession  in  Pennsylvania  can  hold  up  their  names  and 
without  boasting  say  to  your  brethren  of  other  States: 
Match  them  if  you  can — surpass  them  you  cannot. 

When  I  accepted  the  invitation  to  deliver  an  address 
on  this  occasion  my  first  thought  was  to  trace  the  history 
of  the  University  of  Pennsylvania  and  say  something  of 
the  men  whom  it  had  trained  and  sent  out  into  the  vari 


Address  of  Justice  Harlan.  47 

ous  walks  of  life.  But  that  thought  was  abandoned  be- 
cause it  was  found  that  those  who  were  graduated  from 
the  University  and  who  had  shed  honor  upon  its  instruc- 
tors were  too  numerous  to  be  mentioned  upon  any  one 
occasion. 

It  finally  occurred  to  me  as  appropriate  to  this  meet- 
ing to  speak  of  the  public  career  of  James  Wilson,  and 
particularly  of  the  principles  of  constitutional  law  for 
which  he  stood  when  the  present  Union  was  established. 
I  am  moved  to  this  by  the  fact  that  he  was  the  first  Pro- 
fessor in  a  College  of  Law  which  was  established  in  this 
city  in  the  last  century,  and  was  subsequently  merged  into 
the  University  of  Pennsylvania.  It  is  an  interesting  fact 
that  President  Washington  and  his  cabinet  and  the  lead- 
ing members  of  the  Congress  of  the  Confederation  at- 
tended the  opening  lecture  of  Professor  Wilson.  Those 
lectures  have  been  preserved,  and  are  familiar  to  every 
student  of  constitutional  law.  But  he  was  not  distinguished 
alone  as  a  pioneer  in  American  Jurisprudence.  He  was  a 
member  of  the  Second  Congress  that  assembled  in  this 
city  in  May,  1775,  continuing  in  that  branch  of  the  public 
service  for  some  years  ;  a  Signer  of  the  Declaration  of  In- 
dependence ;  a  prominent  member  of  the  Convention  that 
framed  the  present  Constitution  of  the  United  States,  and, 
by  appointment  of  Washington,  an  Associate  Justice  of 
the  Supreme  Court  of  the  United  States.  When  the 
University  of  Pennsylvania  is  mentioned,  we  of  the  legal 
profession  at  once  think  of  its  most  eminent  Professor  of 
Law.  And  as  the  University  is  about  to  enter  upon  a 
wider  career  of  usefulness  it  is  well  to  recall  some  of  the 
services  rendered  by  that  remarkable  man,  and  refer  to 
the  principles  by  which  his  [)ublic  career  was  guided.  In 
doing  so  I  must  omit  anv  reference  to  his  earlier  life,  e.\- 
cept  to  say  that  in  1774,  when  only  thirty-two  years  of 
age,  in  a  pamphlet  relating  to  the  legislative  authority  of 
tho  British  Parliament  antl  which  attracted  great  attention, 
Wilson  disclosed  the  broad  ground  upon  which  his  political 


48  Address  of  Justice  Harlan. 

faith  rested,  by  declaring  that  all  men — not  some  men, 
not  men  of  any  particular  race  or  color,  but  ''■all  men 
are  by  nature  equal  and  free  " — the  same  great  principle 
subsequently  embodied  in  the  Declaration  of  Indepen- 
dence. 

I  come  at  once  to  the  period  when  the  momentous 
question  as  to  the  formation  of  a  new  government  in  place 
of  that  established  by  the  Articles  of  Confederation  was 
agitated.  Every  statesman  of  that  day — no  one  more 
fully  than  Wilson — recognized  the  inherent  weakness  of 
the  organization  then  existing  and  the  absolute  necessity 
for  another  form  of  government.  The  Articles  of  Con- 
federation, although  contemplating  perpetual  union,  were 
addressed  to  the  States  by  name.  They  declared  that 
each  State  retained  its  sovereignty,  freedom  and  inde- 
pendence, and  every  power,  jurisdiction  and  right  that 
was  not  by  those  Articles  expressly  delegated  to  the  United 
States  in  Congress  assembled.  This  restriction  closed  the 
doors  against  the  exercise  of  implied  powers,  however 
necessary  they  might  be  to  the  effective  exercise  of  the 
powers  expressly  granted.  The  Articles  established  a 
mere  league  between  sovereign  States.  All  expenses 
incurred  for  the  common  defense  or  the  general  welfare 
were  to  be  defrayed  out  of  funds  to  be  supplied  only  by 
taxes  levied  by  the  States.  In  this  last  provision  lay  the 
inherent  vice  of  the  Articles  of  Confederation.  While  to 
the  government  created  by  them  was  committed  the  duty 
of  maintaining  the  unity  of  the  country  in  time  of  war,  it 
had  no  power,  in  and  of  itself,  to  raise  the  money  neces- 
sary to  accomplish  that  end.  It  could  not  lay  and  collect 
taxes.  It  leaned  entirely  upon  the  State  governments, 
and  in  no  legal  sense  upon  the  people  of  the  States.  If  for 
any  cause  one  State  refused  to  furnish  its  part  of  the  money 
necessary  to  defray  the  general  expenses.  Congress  was 
without  power  to  compel  it  to  do  so.  This  defect  was 
sorely  felt  during  the  Revolutionary  War ;  and  when  the 
common  enemy  recognized  the  independence  of  America, 


Address  of  Justice  Harlan.  49 

there  arose  on  all  sides  a  cry  for  a  government  that  would 
be  one  in  fact  as  well  as  in  name.  The  situation  is 
described  with  great  force  by  Mr.  Justice  Story,  in  his  Com- 
mentaries on  the  Constitution  :  "  Congress  in  peace  was 
possessed  of  but  a  delusive  and  shadowy  sovereignty, 
with  little  more  than  the  empty  pageantry  of  office.  They 
were,  indeed,  clothed  with  authority  of  sending  and  receiv- 
ing ambassadors  ;  of  entering  into  treaties  and  alliances  ; 
of  appointing  courts  for  the  trial  of  piracies  and  felonies 
on  the  high  seas  ;  of  regulating  the  public  coin  ;  of  fixing 
the  standard  of  weights  and  measures ;  of  regulating 
trade  with  the  Indians ;  of  establishing  post  offices  ;  of 
borrowing  money  and  emitting  bills  of  credit ;  of  ascer- 
taining and  appropriating  the  sums  necessary  for  defraying 
the  public  e.xpenses,  and  of  disposing  of  the  western  terri- 
torv.  And  most  of  these  powers  required  for  their  exer- 
cise the  assent  of  nine  States.  But  they  possessed  not 
anv  power  to  raise  any  revenue,  to  lay  any  tax,  to  enforce 
any  law,  to  secure  any  right,  to  regulate  any  trade,  or 
even  the  poor  prerogative  of  commanding  means  to  pay 
its  own  ministers  at  a  foreign  court.  They  could  contract 
debts,  but  they  were  without  means  to  discharge  them. 
They  could  pledge  the  public  faith,  but  they  were  incapa- 
ble of  redeeming  it.  They  could  enter  into  treaties,  but 
every  State  in  the  Union  might  disobey  them  with  impu- 
nitv.  They  could  contract  alliances,  but  they  could  not 
command  men  or  money  to  give  them  vigor.  They  could 
institute  courts  for  piracies  and  felonies  on  the  high  seas, 
but  they  had  no  means  to  pay  the  judges  or  the  jurors. 
In  short,  all  powers  which  did  not  execute  themselves  were 
at  the  mercy  of  the  States  and  might  be  trampled  on  with 
impunity."  Washington  said  the  Confederation  was  "  a 
half-starved  limping  government,  always  moving  upon 
crutches  and  tottering  at  every  step;  and  that  what  was 
needed  was  an  indissoluble  union  of  States,  with  power  in  the 
Federal  head  to  regulate  and  govern  the  general  concerns 
of  the  country,  the  States  retaining  control  of  all  matters  of  a 


50  Address  of  Justice  Harlan. 

local  character.  The  Confederation  has  been  well  described 
as  a  government  that  had  power  to  declare  everything,  with- 
out the  power  to  do  anything.  The  statesmen  of  that  day, 
James  Wilson  among  the  number,  demanded  the  creation 
of  a  government,  with  authority  to  exert  every  power  con- 
ferred upon  it  against  all  comers,  whether  States  or  armed 
combinations  of  individuals.  Of  course  many  deemed  it 
impossible  for  the  patriots  of  the  Revolutionary  period  to 
establish,  much  less  to  maintain,  such  a  government.  But 
if  the  pessimists  of  those  times  could  reappear  upon  the 
earth  and  look  over  this  country  now  extending  from 
ocean  to  ocean,  with  more  than  seventy  millions  of  pros- 
perous, happy  and  contented  people,  all  standing  under 
one  flag,  all  obedient  to  the  same  constitution,  so  strong 
that  there  are  none  to  molest  or  to  make  them  afraid,  he 
would  see  that  he  had  misapprehended  the  capacity  of  our 
fathers  to  lay  the  foundation  of  free  institutions  grounded 
upon  the  principle,  vital  in  our  republican  system,  of  local 
rule  in  respect  of  local  matters,  and  national  rule  in  respect 
of  national  matters. 

It  was  in  this  city,  in  a  building  still  standing.  Inde- 
pendence Hall,  that  the  Convention  met  that  gave  to 
America  the  matchless  Constitution  under  which  our 
people  have  lived  for  more  than  a  century.  In  that  his- 
toric Hall  James  Wilson  was  often  heard  in  support  of  the 
essential  principles  of  stable  government.  He  was  recog- 
nized as  the  most  learned  member  of  that  notable  body. 
Webster  said  that  Justice  was  the  great  interest  of  man  on 
earth.  Of  Justice  as  illustrated  by  the  science  of  the  law 
Wilson  had  been  an  earnest  devotee  from  his  early  man- 
hood. In  the  highest  and  best  sense  he  was  a  great 
Lawyer.  Still  more,  he  had  become  a  master  in  the  sci- 
ence of  Government.  He  was  therefore  pre-eminently 
qualified  to  take  part  in  laying  the  foundations  of  institu- 
tions under  which  the  rights  of  man  would  be  secure 
against  the  assaults  of  power.  What  a  privilege  it  was 
to  look  upon  that  convention  of  patriots  and  statesmen — 


Address  of  Justice  Harlan.  51 

the  wisest  assemblage  of  public  servants  that  ever  con- 
vened at  anv  time  in  the  history  of  the  world — no  one  of 
them  wiser  than  James  Wilson. 

The  Convention  met  in  September  1787,  all  the  States 
except  one  being  represented.  Its  composition  and  the 
history  of  its  proceedings  will  always  interest  the  student 
of  American  history.  Its  President  was  Washington.  Its 
most  conspicuous  members  were  Franklin,  Wilson  and 
Robert  Morris  of  Pennsylvania,  Madison  and  Mason  of 
\Mrginia.  King  of  Massachusetts,  Sherman  of  Connecti- 
cut, Hamilton  of  New  York,  Paterson  of  New  Jersey, 
Dickinson  of  Delaware,  Rutledge  and  the  Pinckneys  of 
South  Carolina. 

The  historian  McMaster,  an  honored  Professor  of  this 
University,  in  an  article  relating  to  the  Convention,  says : 
"  Hardly  one  of  them  but  had  sat  in  some  famous  assem- 
bly, had  signed  some  famous  document,  had  filled  some 
high  place,  or  had  made  himself  conspicuous  for  learning, 
for  scholarship,  or  for  signal  services  rendered  in  the  cause 
of  liberty.  One  had  framed  the  Albany  plan  of  Union, 
some  had  been  members  of  the  Stamp  Act  Congress  of 
1 763,  the  names  of  others  appear  at  the  foot  of  the  Decla- 
ration of  Independence  and  at  the  foot  of  the  Articles 
of  Confederation  ;  two  had  been  Presidents  of  Congress ; 
seven  had  been  or  were  then  Governors  of  States  ;  twenty- 
eight  had  been  members  of  Congress ;  one  had  com- 
manded the  armies  of  the  United  States  ;  another  had 
been  superintendent  of  finance ;  a  third  had  been  repeat- 
edly sent  on  important  missions  to  Kng^land,  and  had 
long  been  Minister  to  France." 

The  solemn  responsibility  which  the  members  of  the 
Constitutional  Convention  felt  appears  from  a  letter  of  the 
celebrated  George  Mason,  in  which  he  said  :  *'  May  God 
grant  we  may  be  able  to  gratify  them  by  establishing  a 
wise  and  just  government.  I'or  my  own  part  I  never 
before  felt  myself  in  surh  a  situation,  and  declare  I  would 
not,  upon  peciMiiary  motives,  serve  in  this  Convention  for 


52  Address  of  Justice  Harlan. 

a  thousand  pounds  per  day.  The  revolt  from  Great 
Britain  and  the  formation  of  our  new  government  at  that 
time  were  nothing  compared  with  the  great  business  now 
before  us.  There  was  then  a  certain  degree  of  enthusiasm, 
which  inspired  and  supported  the  mind  ;  but  to  view, 
through  the  calm  and  sedate  medium  of  reason,  the  in- 
fluence which  the  establishments  now  proposed  may  have 
upon  the  happiness  or  misery  of  millions  yet  unborn,  is 
an  object  of  such  magnitude  as  absorbs,  and  in  a  manner 
suspends,  the  operations  of  the  human  understanding." 
"  The  establishment  of  a  constitution,"  said  Hamilton,  "in 
time  of  profound  peace,  b}^  the  voluntary  consent  of  a 
whole  people,  is  a  prodigy  to  the  completion  of  which  I 
look  forward  with  trembling  anxiety." 

The  Constitution  as  framed  was  far  from  being  satis- 
factory to  every  member  of  the  Convention.  But  there 
pervaded  the  body  a  spirit  of  amity  and  concession.  All 
believed  that  upon  the  acceptance  of  the  proposed  Con- 
stitution depended  the  Union  of  the  States  and  the 
existence  of  our  liberties — for  all  felt  that  a  common  govern- 
ment with  ample  power  to  deal  with  matters  that  concerned 
the  people  of  all  the  States  was  absolutely  necessary  to 
preserve  the  fruits  of  the  struggle  for  independence.  Said 
Hamilton :  ''  I  am  anxious  that  every  member  should 
sign.  A  few  by  refusing  may  do  infinite  mischief.  No 
man's  ideas  are  more  remote  from  the  plan  than  my  own 
are  known  to  be  ;  but  is  it  possible  to  deliberate  between 
anarchy  and  convulsion  on  one  side,  and  the  chance  of 
good  to  be  expected  from  the  plan  on  the  other?  " 

The  closing  scenes  of  the  Convention  must  have  pos- 
sessed extraordinary  interest  for  those  present.  Just  before 
the  delegates  signed  the  Constitution,  the  venerable  Frank- 
lin, then  past  eighty  years,  fearing  that  some  hesitated  to 
sign,  said :  "  The  opinions  I  have  had  of  its  errors,  I 
sacrifice  to  the  public  good.  Within  these  walls  they 
were  born,  and  here  they  shall  die.  If  every  one  of  us,  in 
returning  to  our  constitutents,  were  to  report  the  objec- 


Address  of  Justice  Harlan.  53 

tions  he  had  made  to  it,  and  endeavor  to  gain  partisans 
in  support  of  them,  we  might  prevent  its  being-  generally 
received,  and  thereby  lose  all  the  salutary  effects  and 
great  advantages  resulting  naturally  in  our  favor,  among 
foreign  nations  as  well  as  among  ourselves,  from  our  real 
or  apparent  unanimity.  Much  of  the  strength  and  effi- 
ciency of  any  government  in  procuring  and  securing  hap- 
piness to  the  people  depends  on  opinion — on  the  general 
opinion  of  the  goodness  of  the  government,  as  well  as  of 
the  wisdom  and  integrity  of  its  governors.  I  hope,  there- 
fore, that  for  our  own  sakes  as  part  of  the  people,  and  for 
the  sake  of  our  posterity,  we  shall  act  heartily  and  unani- 
mously in  recommending  this  Constitution  wherever  our 
influence  may  extend,  and  turn  our  future  thoughts  and 
endeavors  to  the  means  of  having  it  well  administered." 
And  we  have  the  authority  of  Madison  for  this  interesting 
circumstance :  "  Whilst  the  last  members  were  signing. 
Dr.  Franklin,  looking  towards  the  President's  chair,  at  the 
back  of  which,  on  the  wall,  a  rising  sun  happened  to  be 
painted,  observed  to  a  few  members  near  him  that  painters 
had  often  found  it  difficult  in  their  art  to  distinguish  a 
rising  from  a  setting  sun.  '  I  have,'  said  he,  '  often  and 
often,  in  the  course  of  the  session,  and  the  vicissitude  of 
my  hopes  and  fears  as  to  its  issue,  looked  at  that  sun 
behind  the  President,  without  being  able  to  tell  whether  it 
was  rising  or  setting ;  but  now,  at  length,  I  have  the  hap- 
piness to  know  that  it  is  a  rising  and  not  a  setting  sun.'  " 
Another  interesting  fact  has  been  stated  in  connec- 
tion with  the  closing  scenes  of  the  Convention.  In  the 
diary  of  Washington — the  anniversary  of  whose  birthday 
we  celebrate  to-morrow — it  is  recorded  that,  on  the  eve- 
ning of  the  day  when  the  Convention  finally  adjourned, 
he  retired  at  an  early  hour  "  to  mediate  on  the  moment- 
ous work  which  had  been  executed  " — an  eloquent  picture 
unconsciously  drawn  for  us  with  his  own  hand.  We  may 
well  believe  that  the  deep,  calm  nature  of  that  man  of 
massive  mouM  was  j)rofoun(ily  stirred  when,  at  the  close 


54  Address  of  Justice  Harlan. 

of  that  memorable  day,  he  looked  forward  into  the  future 
and  attempted  to  forecast  the  destiny  of  his  beloved  coun- 
try under  the  form  of  government  proposed  for  its  adop- 
tion. If  the  work  then  executed  appeared  to  him  to  be 
momentous  in  its  character  and  in  its  probable  results, 
how  much  more  so  does  it  appear  to  us,  as  we  look  back 
over  the  wonderful  history  of  this  wonderful  nation  ! 
When  we  think  of  what  he  did  for  our  country,  we  cannot 
be  surprised  at  the  estimate  placed  upon  him  by  Gladstone, 
In  a  letter  written  by  that  distinguished  statesman  as  late 
as  1884,  he  said :  "  If  among  the  pedestals  supplied  by 
history  for  public  characters  of  extraordinary  nobility  and 
purity,  I  saw  one  higher  than  all  the  rest,  and  if  I  were 
required  at  a  moment's  notice  to  name  the  fittest  occupant 
of  it,  I  think  my  choice,  at  any  time  during  the  last  forty- 
five  years,  would  have  lighted,  and  it  would  now  light, 
upon  Washington." 

We  come  now  to  the  period  when  the  people  of  the 
original  States  were  considering  whether  they  would 
accept  or  reject  the  proposed  Constitution.  The  struggle 
was  one  of  surpassing  interest:  Every  conceivable  objec- 
tion was  raised  against  the  adoption  of  the  Constitution. 
It  was  a  hand-to-hand  contest,  and  in  the  front  rank  of 
the  friends  of  the  proposed  Union  was  James  Wilson. 
Upon  the  result,  the  friends  of  the  Constitution  felt,  de- 
pended all  that  was  worth  preserving. 

The  chief  interest  centered  around  the  conventions  in 
Pennsylvania,  Massachusetts,  Virginia  and  New  York,  the 
most  powerful  and  influential  of  the  States.  By  the  terms 
of  the  submission  the  Constitution  went  into  effect  when 
nine  States  should  adopt  it. 

In  the  Pennsylvania  Convention  the  recognized  leader 
of  the  Constitutional  forces  was  Wilson,  the  only  member 
of  that  body  who  had  been  a  member  of  the  Convention 
that  framed  the  Constitution.  Standing  with  him  in  that 
memorable  contest  was  Thomas  McKean,  an  able  states- 
man and  an  enlightened  jurist,  who  was  declared  by  John 


Address  of  Justice  Haklan.  55 

Adams  to  be  one  of  the  best  tried  and  foremost  pillars  of 
the  Revolution.  Wilson's  speeches  in  that  Convention 
have  been  characterized  as  the  most  comprehensive  and 
luminous  commentaries  on  the  Constitution  that  have 
come  down  from  that  period.  In  liis  late  work  on  the 
American  Commonwealth,  Bryce  expressed  the  opinion 
that  Wilson's  speeches  "  in  the  Pennsylvania  Ratifying 
Convention,  as  well  as  in  die  great  Convention  of  1787, 
display  an  amplitude  and  profundity  of  view  in  matters 
of  constitutional  theory  which  place  him  in  the  front  rank 
of  political  thinkers  of  his  age."  Those  of  the  opposition 
wiiom  he  met  in  debate  in  the  Pennsylvania  Convention 
were  men  of  marked  ability  and  undoubted  courage.  The 
Constitution,  he  frankly  stated,  was  not  in  every  respect 
what  he  desired.  "  But,"  he  said,  "  when  I  refiect  how 
widely  men  differ  in  their  opinions,  and  that  every  man — 
and  the  observation  applies  likewise  to  every  State — has 
an  equal  pretension  to  assert  his  own,  I  am  satisfied  that 
anything  nearer  to  perfection  could  not  have  been  accom- 
plished. If  there  are  errors,  it  should  be  remembered  that 
the  seeds  of  reformation  are  sown  in  the  work  itself,  and 
the  concurrence  of  two-thirds  of  the  Congress  may  at  any 
time  introduce  alterations  and  amendments.  Regarding 
it  then  in  every  point  of  view,  with  a  candid  and  disin- 
terested mind,  I  am  bold  to  assert  that  it  is  the  best  form 
of  government  which  has  ever  been  offered  to  the  wt)rld." 
In  reply  to  the  suggestion  that  the  Constitution  proposed 
for  acceptance  worked  the  destruction  of  the  State  govern- 
ments, Wilson  declared  the  contrary  to  be  capable  of 
demonstration,  saying  that  "  the  State  governments  must 
e.xist,  or  the  General  Government  must  fall  amidst  their 
ruins."  Alluding  to  certain  observations  of  Mr.  Findley, 
he  said  :  "  His  [l-'indley's]  position  is,  that  the  supreme 
power  resides  in  the  States,  as  governments,  and  mine  is, 
that  jt  resides  in  the  people,  as  the  fountain  of  govern- 
ment;  that  the  peojjh*  have  not — that  the  people  mean 
not — anrl  thnt  the  pc'o|)le  ought  not,  to  jjart  with  it  to  any 


56  Address  of  Justice  Harlan. 

government  whatsoever.  In  their  hands  it  remains  secure. 
They  can  delegate  it  in  such  proportions,  to  such  bodies, 
on  such  terms,  and  under  such  Hmitations,  as  they  think 
proper.  I  agree  with  the  members  in  opposition,  that 
there  cannot  be  two  sovereign  powers  on  the  same  sub- 
ject." "  My  position  is,  sir,  that  in  this  country  the 
supreme,  absolute  and  uncontrollable  power  resides  in  the 
people  at  large ;  that  they  have  vested  certain  propor- 
tions of  this  power  in  the  State  governments,  but  that  the 
fee  simple  continues,  resides  and  remains  with  the  body 
of  the  people." 

All  are  familiar  with  the  history  of  the  memorable 
debate  in  the  Senate  of  the  United  States  between  the 
Expounder  of  the  Constitution  and  those  holding  that 
the  General  Government  was  a  mere  league  or  compact 
between  sovereign  States  from  which  any  State  could 
withdraw  at  pleasure,  and  thereby  dissolve  the  Union 
ordained  and  established  by  the  People  of  the  United 
States.  But  Webster  was  not  the  first  statesman  who 
expressed  the  thought  that  this  government  was  not  a 
mere  league  or  compact  between  sovereign  States, 
although  it  devolved  upon  him  to  demonstrate — and  all 
America  now  agrees  that  he  did  demonstrate,  with  un- 
surpassed power  of  logic,  reasoning  and  eloquence — that 
the  Union  could  not  be  legally  dissolved  by  the  act  of 
any  States,  and  could  only  be  overturned  by  revolution. 
Wilson,  in  the  Pennsylvania  Convention  of  1787,  had, 
long  before  that  debate,  said  :  "  This,  Mr.  President,  is 
not  a  government  founded  upon  compact ;  it  is  founded 
upon  the  power  of  the  people.  *  *  *  xhe  system 
itself  tells  you  what  it  is ;  it  is  an  ordinance  and  estab- 
lishment of  the  people.  I  think  that  the  force  of  the  in- 
troduction to  the  work  must  by  this  time  have  been  felt. 
It  is  not  an  unmeaning  flourish.  The  expressions  declare, 
in  a  practical  manner,  the  principle  of  this  Constitution. 
It  is  ordained  and  established  by  the  people  themselves ; 
and  we,  who  give  our  votes  to  it,  are  merely  the  proxies 


Address  of  Justice  Harlan.  57 

of  our  constituents.  We  sign  it  as  their  attorneys,  and 
as  to  ourselves  we  agree  to  it  as  individuals.  This 
system,  sir,  will  make  us  a  nation,  and  put  it  in  the  power 
of  the  Union  to  act  as  such.  We  will  be  considered  as 
such  by  every  nation  in  the  world.  We  will  regain  the 
confidence  of  our  own  citizens  and  command  the  respect 
of  others." 

*'  I  am  astonished,"  exclaimed  Wilson  in  debate,  "to 
hear  the  ill-founded  doctrine  that  States  alone  ought  to 
be  represented  in  the  Federal  Government ;  these  must 
possess  sovereign  authority,  forsooth,  and  the  people  be 
forgot !  No  ;  let  us  rcasccud  to  first  principles.  *  *  * 
The  people  of  the  United  States  are  now  in  the  posses- 
sion and  exercise  of  their  original  rights,  and  while  this 
doctrine  is  known  and  operates  we  shall  have  a  cure  for 
every  disease."  ''  The  streams  of  power,"  he  said,  "  run 
in  different  directions,  but  they  all  originally  flow  from 
one  abundant  fountain.  In  this  Constitution  all  authority 
is  derived  from  the  people."  In  one  of  his  last  appeals 
to  the  Convention  for  the  ratification  of  the  proposed 
Constitution,  he  said :  "  By  adopting  this  system,  we 
shall  probably  lay  a  foundation  for  erecting  temples  of 
liberty  in  every  part  of  the  earth.  It  has  been  thought 
by  many  that  on  the  success  of  the  struggle  America  has 
made  for  freedom  will  depend  the  exertions  of  the  brave 
and  enlightened  of  other  nations.  The  advantages  re- 
sulting from  this  system  will  not  be  confined  to  the 
United  States  ;  it  will  draw  from  Europe  many  worthy 
characters,  who  pant  for  the  enjoyment  of  freedom.  It 
will  induce  princes,  in  order  to  preserve  their  subjects,  to 
restore  to  them  a  portion  of  that  liberty  of  which  they 
have  for  so  many  ages  been  deprived,  h  will  be  sub- 
servient to  the  great  designs  of  Providence,  with  regard 
to  this  globe,  in  the  multiplication  of  mankind.'^their  im- 
provement in  knfjwlcdgj-',  and  their  .'idvancemcnt  in  hap- 
piness." 

In   view  of  these  declarations  bv  Wilson  as  to  the 


58  .  Address  of  Justice  Harlan. 

scope  of  the  Constitution  presented  for  adoption  or  rejec- 
tion, one  cannot  be  surprised  that  when  he  became  an 
Associate  Justice  of  the  Supreme  Court  of  the  United 
States  he  said  in  one  of  his  opinions  :  "  Whoever  consid- 
ers, in  a  combined  and  comprehensive  view,  the  general 
texture  of  the  Constitution,  will  be  satisfied  that  the 
people  of  the  United  States  intended  to  form  themselves 
into  a  Nation  for  national  purposes.  They  instituted  for 
such  purposes  a  National  Government  complete  in  all 
its  parts,  with  powers  legislative,  executive  and  judi- 
cial ;  and  in  all  those  powers  extending  over  the  whole 
nation." 

Wilson  and  his  associates  succeeded  in  the  Pennsyl- 
vania Convention  ;  for  that  body,  representing  the  people, 
accepted  the  Constitution  by  a  vote  of  forty-six  to  twenty- 
three.  Accompanied  by  the  President,  and  Vice  Presi- 
dent of  the  State,  members  of  Congress,  the  Faculty  of 
the  University  and  other  officials,  the  members  of  the 
Convention  proceeded  to  the  Court  House,  and  the  rati- 
fication was  read  to  an  immense  concourse  of  people. 
Cannon  were  fired  and  the  bells  on  public  buildings  and 
churches  were  rung  as  evidence  of  the  popular  joy.  This 
happy  result  was  mainly  due  to  Wilson.  Bancroft  the 
historian  has  gone  so  far  as  to  say,  in  reference  to  Wilson's 
services  in  the  Pennsylvania  Convention,  that  "  but  for 
one  thing,  without  doubt,  Pennsylvania  would  have 
refused  to  have  ratified  the  Convention,  and  that  one 
incident  marks  alike  the  technical  knowledge,  the  com- 
prehensive grasp,  and  the  force  of  argument,  of  this  great 
man."  The  effect  of  the  action  of  Pennsylvania  upon 
Conventions  in  other  States  was  everywhere  recognized. 

In  the  Massachusetts  Convention  the  leaders  in  debate 
were  King,  Ames  and  Parsons.  The  final  vote  was  one 
hundred  and  eighty-seven  for  and  one  hundred  and  sixty- 
eight  against  the  acceptance  of  the  Constitution.  A 
change  of  ten  votes  would  have  produced  a  different 
result.      The  acceptance  of  the  Constitution  by  Massa- 


Address  of  Justice  Haklan.  59 

chusetts  althoui^^h  unconditional  was  accompanied  by 
resolutions  expressing  her  opinion  that  the  adoption  of 
certain  amendments  and  alterations  "  would  remove  the 
fears  and  quiet  the  apprehensions  of  many  of  the  good 
people  of  the  Commonwealth,  and  more  effectually  guard 
against  an  undue  administration  of  the  Federal  Govern- 
ment." 

In  \'irginia  there  was  a  long  and  bitter  contest. 
Washington  was  not  in  the  Convention,  but  he  was  the  real 
commander  of  theX'irginia  Constitutional  forces.  Indeed, 
from  his  quiet  retreat  at  Mount  Vernon  he  conducted  the 
campaign  for  the  Constitution  throughout  the  whole 
country.  To  Patrick  Henry  he  transmitted  a  copy  of  the 
Constitution,  confessing  that  while  it  did  not  contain  all 
that  he  desired,  its  adoption  was  of  die  last  consequence. 
"  From  a  variety  of  concurring  events,"  he  wrote,  "  it 
appears  to  me  that  the  political  concerns  of  this  country 
are  in  a  manner  suspended  by  a  thread,"  and  if  nothing 
had  been  agreed  upon  by  the  Convention,  "  anarchy 
would  soon  have  ensued,  the  seeds  being  deeply  sowed  in 
every  soil."  To  Edmund  Randolph  he  declared  that  the 
proposed  Constitution,  "  or  a  dissolution  of  the  Union 
awaits  our  choice,  and  is  the  only  alternative  before  us." 
To  Lafayette  he  wrote  :  "  There  is  no  alternative,  no  hope 
of  alteration,  no  intermediate  resting  place  between  the 
adoption  of  the  Constitution  and  a  recurrence  to  an  un- 
qualified state  of  anarchy,  with  all  of  its  deplorable  conse- 
quences." The  leaders  in  the  Virginia  Convention  for  the 
Constitution  were  Madison,  Pendleton,  Randolph,  Xicht)- 
las  and  Marshall.  The  ojjposition  was  led  by  Hrnry,  Lee, 
Grayson,  Monroe  and  Mason.  They  opposed  the  accept- 
ance of  the  Constitution  in  the  belief  that  it  tended  to  the 
destruction  of  the  States,  by  creating  a  vast,  consolidated, 
all-powerful  central  government,  that  would  ultimately 
overthrow  the  principle  of  local  government  for  local 
affairs.  The  position  these  men  took  did  not  prove  them 
to    be    wanting    in    patriotism;    for  thcx-    were    foremost 


6o  Address  of  Justice  Harlan. 

throughout  the  Revolutionary  period  in  asserting  the 
rights  of  American  freemen. 

The  position  in  which  the  Virginia  Convention  was 
placed  was  very  peculiar.  While  the  debate  was  in  prog- 
ress, it  was  known  that  eight  States  had  accepted  the 
Constitution.  The  others  were  supposed  to  be  holding 
back  to  see  what  Virginia  would  do.  The  final  vote  was 
eighty-nine  for  and  seventy-nine  against  the  Constitution. 
When  the  friends  of  the  Constitution  prevailed,  it  was 
supposed  that  Virginia  was  the  ninth  State  to  accept. 
But  in  fact,  unknown  to  the  members  of  that  Convention, 
New  Hampshire  had  accepted  the  Constitution  before 
Virginia.  As  soon  as  New  Hampshire  voted  for  it,  a 
messenger  was  sent  to  Virginia  to  carry  the  good  news 
to  the  friends  of  the  Constitution  there ;  and  as  soon  as 
Virginia  accepted  it,  a  messenger  was  sent  to  New 
Hampshire  to  notify  its  friends  there  and  give  them 
encouragement.  These  messengers  passed  each  other 
on  their  respective  routes  without  meeting.  So  that 
New  Hampshire  and  Virginia  each  voted  in  ignorance  of 
what  the  other  had  done. 

The  struggle  in  the  New  York  Convention  was  extra- 
ordinary in  every  view.  When  the  Convention  met  there 
was  a  very  large  majority  under  the  lead  of  strong  men, 
against  accepting  the  Constitution.  The  minority  was  led 
by  Alexander  Hamilton.  A  writer  has  said  that  the 
debates  in  the  New  York  Convention  were  like  a 
"Homeric  battle,  Hamilton  against  a  host;"  that  his 
mind,  *'  like  an  ample  shield,  took  all  their  darts,  with 
verge  enough  for  more."  Unfortunately  there  is  no  full 
report  of  that  great  debate.  But  it  has  come  to  us  from 
that  time  that  the  display  of  intellectual  power  in  those 
debates  by  young  Hamilton  was  most  extraordinary — the 
more  so  because  he  did  not  altogether  approve  the  plan  of 
government  devised  by  the  Constitution  and  had  accepted 
it  only  from  a  high  sense  of  duty  and  patriotism.  It  has 
been  said  of  him  that  "  of  all  men  who  have  ever  lived  in 


Address  of  Justice  Haki.an.  6i 

the  United  States,  his  was  the  most  complete  mind.  He 
seemed  to  absorb  information.  Upon  any  subject  he 
could  leap  fully  armed  into  the  saddle,  ready  to  meet  all 
comers.  If  right,  he  was  irresistible  ;  if  wrong,  master  of 
sophistry,  he  was  almost  irrefutable."  Talleyrand,  who 
was  acquainted  with  all  the  celebrated  men  of  his  day, 
said  that  the  greatest  he  had  ever  known  were  Napoleon, 
Fox  and  Hamilton,  and  that  Hamilton  was  the  first. 

As  the  debate  was  about  to  close,  the  news  came  that 
New  Hampshire  had  accepted  the  Constitution.  That 
information  Avas  brought  by  the  messenger  sent  to  Vir- 
ginia, who  stopped  en  route  in  New  York.  And  when  in 
a  day  or  so  the  news  came  that  Virginia  had  also  accepted 
the  Constitution  the  opposition  in  New  York  gave  way. 
New  York  did  not  accept  the  Constitution  in  distinct  and 
unqualified  terms.  But  its  acceptance  was  legally  sufft- 
cient.  The  vote  was  thirty  for,  to  twenty-seven  against, 
acceptance.  In  the  circular  letter  sent  by  New  York  to 
the  Governors  of  the  States  we  find  these  words :  "  Our 
attachment  to  our  sister  States,  and  the  confidence  we 
repose  in  them,  cannot  be  more  forcibly  demonstrated 
than  by  acceding  to  a  government  which  many  of  us 
think  very  imperfect,  and  devolving  the  power  of  deter- 
mining whether  that  government  shall  be  rendered  per- 
petual in  its  present  form,  or  altered  agreeably  to  our 
wishes  and  a  minority  of  the  State  with  whom  we  unite." 

Thus  was  born  the  present  Union  of  the  States.  The 
predicti(jns  of  those  who  prophesied  evil  from  its  creation 
have  not  been  verified.  The  hopes  of  those  who  said  it 
would  preserve  all  that  iiad  bct'n  won  by  the  war  for 
independence  have  been  more  than  fulfilled.  It  is  a 
stnjng  government  because  its  powers  are  enumerated 
and  are  sufficient  to  accomplish  the  object  of  its  creation 
— strong  also  because  it  really  rests  upon  the  consent  of 
the  peo|)le. 

The  secret  (jf  the  success  that  attended  the  framing 
of  the  Constitution  was  well  e.xpressed  by  J.nncs  Ru.sseli 


62  Address  of  Justice  Harlan. 

Lowell  when  in  his  address  in  England  on  Democracy  he 
said  :  "  They  (the  framers  of  the  Constitution)  had  a  pro- 
found disbelief  in  theory,  and  knew  better  than  to  commit 
the  folly  of  breaking  with  the  past.  They  were  not  seduced 
by  the  French  fallacy  that  a  new  system  of  government 
could  be  ordered  like  a  new  suit  of  clothes.  They  would 
as  soon  thought  of  ordering  a  new  suit  of  flesh  and  skin. 
It  is  only  on  the  roaring  loom  of  time  that  the  stufT  is 
woven  for  such  a  vesture  of  their  thought  and  experience 
as  they  were  meditating." 

"  The  best  reason,"  another  American  said,  "  for 
American  pride  in  the  Constitution  lies,  not  in  the  creative 
genius  of  its  framers,  nor  in  the  beauty  and  symmetry  of 
their  work,  but  in  the  fact  that  it  was  and  is  a  perfect  ex- 
pression of  the  institutional  methods  of  its  people."  And 
therein  is  found  full  justification  for  the  observation  that 
"  the  statesmen  of  the  American  Revolution  have  taken 
their  places  once  for  all  amongst  the  great  political  instruc- 
tors of  the  world." 

This  work  of  the  fathers  is  not  however  to  be  under- 
rated because  largely  based  upon  experience.  For,  as 
said  by  David  Hume  in  one  of  his  essays,  "  to  balance  a 
large  estate  or  society,  whether  monarchical  or  republican, 
on  general  laws,  is  a  work  of  so  great  difficulty  that  no 
human  genius,  however  comprehensive,  is  able  by  the 
mere  dint  of  reason  and  reflection  to  effect  it.  The  judg- 
ment of  many  must  unite  in  the  work ;  experience  must 
guide  their  labor  ;  time  must  bring  it  to  perfection  ;  and 
the  feeling  of  inconveniences  must  correct  the  mistakes 
which  they  inevitably  fall  into  in  their  first  trials  and 
experiments." 

Let  us  examine  for  a  few  moments  the  disting-uish- 
ing  features  of  the  old  government  that  Wilson  assisted 
in  displacing  and  the  new  government  that  he  aided 
in  establishing.  As  already  observed,  the  Articles  of 
Confederation  were  addressed  to  the  State  governments, 
while    the    Constitution  speaks    to    individuals    as    well 


Address  of  Justice  Haklan.  63 

as  to  the  States.  Under  the  Articles  of  Confedera- 
tion it  was  "  We,  the  States,"  while  under  the  Constitution 
it  is,  "  We,  the  People  of  the  United  States."  The  Union 
created  by  the  Constitution  does  not  depend  upon  the  will 
of  any  State  or  combination  of  States.  It  cannot  be  laid 
aside  at  pleasure.  It  has  within  itself  the  means  of  per- 
petuating- its  own  existence.  Its  hand  reaches  to  the 
remotest  corners  of  the  Republic,  and  its  power  compels 
obedience  to  the  Constitution  as  the  Supreme  Law  of  the 
Land,  anything  in  the  Constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding.  \\'hen  the  Government 
of  the  United  States  acts  within  the  limits  of  the  powers 
conferred  upon  it,  it  acts  for  all  the  People  of  the  United 
States.  No  State  can  stand  between  any  citizen  and 
obedience  to  the  rightful  authority  of  the  Union. 

In  the  time  of  the  Confederation  a  squad  of  discon- 
tented soldiers,  less  than  one  hundred  in  number,  appeared 
in  front  of  Independence  Hall,  in  which  Congress  was 
sitting,  and  demanded  the  enactment  of  certain  measures, 
thereby  compelling  that  body,  for  the  personal  safety  of 
its  members,  to  change  its  place  of  meeting  from  Phila- 
delphia to  New  Jersey.  There  was  no  power  to  protect 
even  Congress  in  the  discharge  of  its  great  functions. 
Pennsylvania  did  not  interpose,  and  its  e.xecutive  did  not 
care  to  come  into  conflict  with  his  fellow  citizens.  The 
spectacle  was  thus  presented  of  the  Congress  of  the  Con- 
federation fleeing  before  a  mob  contemptible  in  numbers, 
however  honest  in  purpose. 

Early  in  the  history  of  the  present  National  Govern- 
ment, some  citizens  of  this  Commonwealth,  being  dis- 
pleased with  laws  enacted  by  Congress  for  purposes  of 
revenue,  organized  on  n  large  scale  what  is  called  the 
Whiskv  RclK'llioii.  They  had  many  apolognsts  in  leading 
politicians  of  that  day,  who  addressed  them  as  the  "dear 
peo|)ie,"  whose  rights  were  being  destroyed  by  a  despotic 
government.  I'ut  Washington  was  at  the  head  of  alTairs, 
and  Hamilton  was  at  his  side.     The  I  atlu  rof  his  Countrv 


64  Address  of  Justice  Harlan. 

determined  to  vindicate  the  majesty  of  the  law  and  sent 
troops  under  Light  Horse  Harry  Lee  to  the  scene  of  dis- 
turbance. The  misguided  insurrectionists  dispersed  as  the 
national  troops  bearing  the  flag  of  the  Union  approached 
the  locality  of  the  disturbance. 

In  1 86 1,  when  it  was  sought  by  armed  force  to  take 
the  life  of  the  Nation,  there  was  power  in  the  govern- 
ment of  the  Union  to  reinstate  the  National  authority  over 
every  foot  of  our  territory.  In  that  hour  of  peril  to  all 
that  was  dear  to  us,  the  gallant  sons  of  Pennsylvania 
were  well  to  the  front.  The  people  of  this  Commonwealth 
will  always  cherish  the  memory  of  those  brave  soldiers 
of  the  Union.  That  our  soldiers  did  not  die  in  vain,  that 
the  American  people  were  able  to  preserve  the  national 
life,  that  we  have  now  a  union  of  hearts  and  a  union  ol 
hands,  is  due  to  the  fact  that  our  fathers  established  a 
government  that  could  preserve  its  own  life  and  enforce 
its  own  authority.  And  what  power,  let  me  ask,  was 
given  to  that  government  that  ought  not  to  have  been 
given  to  it,  or  that  any  one  would  now  take  from  it  ?  The 
power  to  lay  and  collect  taxes,  duties,  imposts  and  ex- 
cises, for  the  purpose  of  paying  the  debts  and  providing 
for  the  common  defense  and  the  general  welfare  of  the 
United  States  ;  to  borrow  money  on  the  credit  of  the 
United  States  ;  to  regulate  commerce  with  foreign  nations 
and  among  the  several  States ;  to  establish  an  uniform 
rule  of  naturalization ;  to  pass  uniform  laws  on  the  sub- 
ject of  bankruptcies ;  to  coin  money,  and  to  regulate  the 
value  thereof ;  to  establish  post  offices  and  post  roads  ; 
to  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discov- 
eries ;  to  make  treaties ;  to  create  a  judiciary,  competent 
to  determine  controversies  between  citizens  of  different 
States  and  controversies  involving  rights  and  questions 
arising  under  the  Constitution,  laws  and  treaties  of  the 
United  States ;    to  declare   war ;    to  raise  and  support 


Address  of  Justice  Harlan.  65 

armies  ;  to  provide  and  maintain  a  navy  ;  and  to  make 
all  laws  necessary  and  proper  for  carrying-  into  execution 
these  and  other  powers  vested  by  the  Constitution  in  the 
General  Government — will  any  one  now  say  ,that  the 
Nation  ought  not  to  have  such  powers  ?  Does  any  one 
suppose  that  those  powers,  or  any  of  them,  could  be 
exerted  by  the  States  without  imperiling  the  interests  of 
the  whole  Nation  ?  The  rights  that  grow  out  of  the  exer- 
cise of  these  and  other  powers  are  essentially  National 
rights,  in  the  preservation  of  which  we  are  all,  without 
regard  to  party  lines,  deeply  concerned.  No  higher  duty 
rests  upon  us  than  to  see  to  it — each  one  in  his  peculiar 
sphere  of  duty — that  the  general  government  is  not  shorn 
of  any  right  belonging  to  it  under  the  Constitution. 

We  have  all  been  accustomed  to  hear  of  the  tenden- 
cies of  the  General  Government,  by  its  various  depart- 
ments to  encroach  upon  the  rights  of  the  States.  There 
are  some  who  never  weary  of  saying  that  the  Federal 
judiciary  continually  usurps  powers  that  do  not  belong  to 
it,  and  seeks  to  impair  the  rightful  authority  of  the  States. 
The  truth  is  that  the  National  Government  has  been  com- 
pelled, from  its  organization,  to  struggle  for  the  privilege 
of  existing  and  of  exerting  its  rightful  powers.  Every  exer- 
cise of  power  by  the  United  States  has  been  narrowly 
watched,  criticised  and,  often  without  reason,  opposed, 
under  the  pretence  that  States'  Rights  were  being 
destroyed.  But,  althcjugh  it  is  literally  true  that  the 
Nation  has  had  to  fight  for  its  right  to  exert  its  rightful 
authority,  it  must  be  said  that  opposition  to  the  exercise 
of  power  by  the  National  Government  is  not  altogether 
unnatural.  In  a  large  sense  we  all  stand  for  local  rule. 
The  germinal  idea  of  American  liberty  is  local  self-govern- 
ment. We  are  home  rulers  by  instinct,  a  feeling  that  has 
its  root  in  alTection  for  our  own  families  above  other 
families.  Each  man  h)ves,  above  all  other  [)laces,  the  one 
in  which  he  was  born  and  reared.  When  he  returns  to 
the  old  homestead  in    which  he  first  saw  the  light  of  day, 


66  Address  of  Justice  Harlan. 

or  in  which  his  youth  was  passed,  he  cannot  repress 
emotions  of  love  for  that  particular  place.  Why,  here  is 
the  same  old  bucket  that  hung-  in  the  well  when  he 
was  a  boy.  Here  is  the  apple  tree  from  whose 
branches  was  suspended  his  swing;  every  bud  and  tree 
and  flower  is  dear  to  him  because  this  was  his  home.  So 
we  love  the  town  or  city  in  which  we  live.  The  good 
people  of  this  beautiful  city  like  it  better,  I  doubt  not, 
than  any  other  city,  even  in  Pennsylvania.  And  the 
man  of  Pennsylvania  would  be  looked  upon  with  distrust, 
or  as  not  a  true  son  of  this  great  Commonwealth,  if  he 
was  not  ready  under  all  circumstances  to  say — indeed,  to 
prove — that  the  women  of  Pennsylvania  were  the  hand- 
somest women,  the  people  of  Pennsylvania  the  best  people, 
and  Pennsylvania  the  best  State  in  all  the  world.  In  view 
of  these  tendencies  in  our  natures,  it  may  be  expected  that 
the  States  should  be,  now  and  then,  jealous  of  the  exercise 
of  power  by  the  General  Government.  It  is,  perhaps, 
well  that  they  are,  because  it  is  as  true  to-day,  as  it  was 
in  the  times  of  the  Revolution,  as  it  was  far  back  in  the 
periods  of  English  history  when  the  people  won  their 
rights  from  despotic  rulers  only  by  hard  blows,  that  real 
liberty — the  liberty  that  means  something  and  for  which 
men  will  die — depends  not  so  much  upon  the  absence  of 
actual  oppression,  as  upon  the  existence  of  constitutional 
checks  that  will  keep  governmental  authority  within 
proper  bounds,  and  render  oppression  impossible.  The 
disposition  in  all  ages  of  many  in  authority  to  exceed  their 
just  powers  has  riveted  in  the  hearts  of  the  people  the 
stern  maxim  that  "  eternal  vigilance  is  the  price  of  liberty." 
Watch  the  National  Government  then,  if  you  will — scan 
closely  all  that  it  does  or  proposes  to  do — resist,  within 
the  limits  of  the  law,  all  tendencies  that  are  hostile  to  the 
reserved  rights  of  the  States.  But  let  us  at  the  same  time 
remember  that  our  all,  and  perhaps  the  hopes  of  freemen 
everywhere  depend  upon  the  recognition  of  the  right  of 
the  National  Government  to  exercise  the  powers  belonging 


Addrkss  of  Justice  Harlan.  67 

to  it  under  the  Constitution.  And  that  right  becomes  the 
more  important  as  our  nation  expands  in  population  and 
territory.  Careful  men  have  estimated  that  our  country 
when  fully  developed  is  capable  of  sustaining  a  popula- 
tion of  one  thousand  millions  of  people.  The  time  is 
certain  to  arrive,  if  this  people  remain  true  to  their  great 
destiny,  when  our  Nation  will  be,  if  it  has  not  already 
become,  the  most  powerful  factor  in  all  movements  that 
affect  the  peace  of  the  world  and  the  rights  of  man.  The 
stronger  we  become  in  population  and  the  more  extended 
we  become  in  territory,  the  more  vital  are  the  powers  of 
the  Nation  ;  for  only  the  government  of  the  Nation — which 
as  said  by  Chief  Justice  Marshall,  is  the  government  of  all, 
whose  powers  are  delegated  by  all,  and  which  represents 
and  acts  for  all — can  keep  all  parts  of  our  land  together, 
as  it  was  intended  they  should  be  kept,  in  the  bonds  of 
indissoluble  Union. 

These  observations  about  the  rights  of  the  Nation 
have  been  made  because  of  the  tendency  in  some  quar- 
ters to  deny  to  it  rights  and  powers  that  are  essential 
to  our  existence  as  one  people,  But  do  not  suppose  that 
I  undervalue  the  rights  of  the  States.  There  are  National 
Rights  and  there  are  State  Rights.  To  the  States  we 
must  look  primarily  for  protection  in  our  lives,  our  liber- 
ties and  our  property.  They  have  rights,  as  sacred  as 
are  the  rights  of  the  Nation.  The  State  governments  are 
vital  in  our  constitutional  system.  Indeed,  without  the 
States  under  the  Constitution  there  could  be  no  United 
States  of  America.  The  States  deal  with  matters  over 
which  it  would  be  impossible  for  the  National  Govern- 
ment to  exercise  proper  supervision.  Those  who  speak 
slightingly  of  State  rights  do  not  appreciate  the  real  sig- 
nificance of  the  relations  of  the  States  to  the  General 
Government.  The  fact  is,  we  are  coming  to  feel  mt)re 
than  ever  before  that  our  liberties  are  involved  in  the 
preservation  of  the  rights  of  the;  States.  There  are  some 
who  aflect   to  think  that  the  States  stand  in   the  way  of 


68  Address  of  Justice  Harlan. 

accomplishing  the  great  objects  of  the  National  Govern- 
ment and  who  would  destroy  them  by  such  interpreta- 
tions of  the  National  Constitution  as  would  leave  them 
but  shadows  of  governments.  There  are  others  who 
affect  to  see  in  every  act  of  Congress  a  purpose  to  over- 
turn the  rightful  authority  of  the  States.  The  teachings 
of  each  of  these  classes  are  to  be  disregarded.  We  are 
not  deceived  by  them.  The  people,  the  common  people, 
of  whom  Lincoln  spoke,  know  that  the  rights  of  the 
State,  in  their  highest  and  best  constitutional  sense,  have 
been  preserved  and  are  in  no  danger  whatever  from  the 
action  of  the  General  Government.  The  real  friends  of 
State  rights  are  those  who  concede  to  the  General  Gov- 
ernment the  powers  committed  to  it  by  the  National  Con- 
stitution, and  the  real  friends  of  the  Union  are  those  who 
respect  the  reserved  powers  of  the  States. 

Only  a  short  time  ago  might  have  been  witnessed  in 
London  a  spectacle  which  for  magnificence  and  splendor 
has  never  been  surpassed  in  the  history  of  the  world. 
The  Houses  of  Parliament  went  in  a  body  to  present  an 
address  to  Her  Britannic  Majesty,  Queen  Victoria.  The 
Lord  Chancellor  of  England,  the  highest  judicial  officer 
in  the  British  Empire,  kneeled  before  Her  Majesty,  and 
remained  upon  his  knees  until  he  had  read  the  address  of 
Parliament.  He  did  not  kneel  because  he  was  in  the 
presence  of  a  gracious  woman — as  any  brave,  manly  per- 
son might  well  do — but  because  he  was  in  the  presence  of  a 
Sovereign.  He  and  those  whom  he  represented  were 
subjects  of  a  single  human  being  exerting  the  powers  of 
sovereignty.  At  one  time  in  the  history  of  this  country  a 
few  misguided  men  left  our  shores  and  went  to  the  aid  of 
patriotic  Cubans  struggling  to  be  free.  They  were 
arrested  and  condemned  to  be  shot  by  order  of  the  Cap- 
tain-General of  that  oppressed  island.  When  the  time 
came  for  their  execution  William  Crittenden,  one  of  the 
number,  was  blindfolded  and  ordered  to  kneel,  that  his 
executioners  might  the  more  easily  take   his   life.     The 


Address  of  Justice  Harlan.  69 

proud-spirited  man,  a  descendant  of  a  Revolutionary  hero, 
with  head  erect  and  fearless  of  death,  refused  to  kneel,  and 
replied  :  "  An  American  kneels  only  to  his  God  !"  In  En- 
gland, to  use  the  language  of  Mr.  Gladstone,  the  Sovereign 
"  is  the  symbol  of  the  Nation's  unity,  and  the  apex  of  the 
social  structure  ;  the  maker  (with  advice)  of  the  laws  ;  the 
supreme  governor  of  the  Church  ;  the  fountain  of  justice  ; 
the  sole  source  of  honor  ;  the  person  to  whom  all  military, 
all  naval,  all  civil  service  is  rendered."  Our  Sovereign  is 
not  he  who  for  the  time  wields  the  Executive  power 
of  the  United  States.  Our  Sovereign  is  the  People.  They 
are  the  source  of  power  and  justice  in  this  land.  Their 
will  is  expressed  by  written  constitutions  and  by  laws  passed 
in  pursuance  thereof,  and  to  that  will  all  must  yield 
obedience.  No  man  here  is  so  high  that  he  is  above  the 
law.  No  one  here  assumes  to  rule  by  divine  right,  but 
only  in  the  mode  prescribed  by  law  and  that  law  comes 
into  existence  only  by  the  consent  of  the  People  acting 
by  their  representatives.  Our  institutions  emphatically 
rest  upon  the  sovereignty  of  the  public  will.  Upon  this 
principle  they  must  always  rest,  unless  in  an  evil  hour, 
when  all  the  guarantees  of  freedom  have  been  destroyed, 
we  should  return  to  the  exploded  theory  that  the  rights 
of  life,  liberty  and  property  are  such  only  as  are  conceded 
by  those  who  dominate  the  people. 

My  friends,  I  must  apologize  for  detaining  you  so 
long.  The  subject  of  my  remarks  has  always  been  one  of 
interest  to  me.  I  never  tire  of  reading  about  the  great 
men  wh(j  laid  in  this  goodly  land  the  foundations  of  free 
republican  government.  The  history  of  our  country  is  to 
be  traced  in  the  lives  of  men  like  Washington,  the 
Adamses,  Hamilton,  Franklin,  Wilson,  Henry,  Madison, 
JefTerson,  Marshall,  Mason,  Lee  and  Ellsworth.  The  Gov- 
ernment which  they  assisted  in  establishing  is  entitled  to 
our  affection  and  supp(jrt.  The  lessons  to  be  drawn  from 
their  lives  are  absolute  fidelity  to  country  and  uiillincliing 
adherence  to  those  j)rinciples  which  must  be  regarded  if 


70  Address  of  Justice  Harlan. 

government  of  the  people,  by  the  people  and  for  the  peo- 
ple is  not  to  disappear. 

May  I  not  add  that  now  more  than  at  any  period  in 
our  history  is  it  necessary  that  we  be  faithful  to  sound 
principles  of  government  and  liberty  regulated  by  law. 
Our  country  has  reached  a  critical  and  momentous  period, 
and  the  utmost  vigilance  and  the  most  unselfish  patriotism 
are  demanded  from  every  genuine  American.  The  time 
has  come  when  we  must  be  Americans,  through  and 
through.  We  have  no  right  to  turn  our  backs  upon  pub- 
lic affairs,  or  to  become  indifferent  to  the  fate  of  our  insti- 
tutions. Still  less  have  we  a  right  to  enjoy  the  blessings 
and  protection  of  this  glorious  land  while  continually 
saying  and  doing  that  which  serves  to  strengthen  the 
hands  of  the  enemies  of  the  Republic.  Some  people  have 
a  strange  way  in  which  to  manifest  their  devotion  to  coun- 
try. They  rarely  see  in  the  operations  of  the  Government 
anything  to  approve,  and  they  never  fail,  when  the  Nation 
is  having  a  dispute  wuth  other  peoples,  to  say  that  our 
country  is  wrong  and  our  adversaries  right.  And  they  do 
this  even  while  our  soldiers  are  in  far  distant  lands  endeav- 
oring to  maintain  the  rightful  authority  of  the  Nation. 
Some  have  not  hesitated  to  say,  in  the  most  public  man- 
ner, that  those  who  from  jungles  ambush  and  shoot  down 
our  brave  soldiers,  are  fighting  the  battles  of  liberty  and 
doing  only  what  they  have  a  right  to  do,  what  their  honor 
requires.  These  men  are  never  happier  than  when  at- 
tempting to  persuade  their  fellow  citizens  that  America  is 
entering  upon  a  dark  and  perilous  future,  and  that  all  so 
far  accomplished  for  the  liberty  and  well  being  of  the 
people  will  be  lost  if  the  Nation  does  not  retrace  its  steps. 
For  my  own  part,  I  believe  that  a  destiny  awaits  America 
such  as  has  never  been  vouchsafed  to  any  people  and  that 
in  the  working  out  of  that  destiny,  under  the  leadings  of 
Providence,  humanity  everywhere  will  be  lifted  up,  and 
power  and  tyranny  compelled  to  recognize  the  fact  that 
*'  God  is  no  respecter  of  persons,"   and  that  He  "  hath 


Address  of  Justice  Harlan.  71 

made  of  one  blood  all  nations  of  men,"  Let  us  have  an 
abiding  faith  that  our  country  will  never  depart  from  the 
fundamental  principles  of  right  and  justice  or  prove 
recreant  to  the  high  trusts  committed  to  it  for  the  benefit 
not  alone  of  the  American  people  but  of  all  men  every- 
where on  all  the  earth.  We  have  had  our  days  of  gloom 
and  darkness.  We  have  had  political  storms  that  seemed 
to  threaten  the  destruction  of  our  institutions ;  and  now 
and  then  we  may  have  been  somewhat  faint-hearted  as  to 
our  destiny  and  doubted  whether  all  was  well  for  the 
Great  Republic.  But  those  storms  passed  away,  and  we 
rejoice  that  our  apprehensions  were  groundless.  We  may 
e.xpect  storms  in  the  future  ;  for  nothing  worth  preserving 
has  ever  been  achieved  by  individuals  or  by  nations 
except  through  trials  and  sacrifices.  Take  courage  in  the 
belief  that  the  American  people  are  pure  in  heart,  and 
have  no  desire  or  purpose  other  than  to  maintain  the 
authority  of  the  Nation  wherever  the  fiag  floats,  and  to 
preserve  unimpaired  to  the  latest  generation  the  free  in- 
stitutions given  them  by  the  fathers.  Taught  by  the 
experience  of  the  past  we  will  stand  at  our  respective 
posts  of  duty  in  the  firm  conviction  that  the  kind  Provi- 
dence that  has  always  watched  over  this  People  will  pre- 
serve our  heritage  of  constitutional  liberty.  We  love 
the  "  rocks  and  rills,"  the  "  woods  and  templed  hills  "  of 
this  beautiful  land,  and  come  what  may,  we  will  give  to 
America  the  best  service  of  which  we  are  capable.  Let 
us  feel  about  our  country  as  did  William  Tell  for  his  be- 
loved land,  when  being  overtaken  in  the  mountains  of 
Switzerland  by  a  furious  storm,  he  is  represented  as 
saying — 

"  I  thought  of  other  lands,  whose  storms 
Are  summer  flaws  to  those  of  mine,  and  just 
Have  wished  me  there  :  the  thought  that  mine  wdiS  free 
Has  checked  that  wish  ;  and  I  have  raised  my  head, 
And  cried  in  tliraldom  to  that  furious  wind, 
'  Blow  on  :  this  is  the  land  of  Liberty  ! '  " 


72  Address  of  Charles  Arthur  Roe. 

Provost  Harrison  then  introduced  as  the  next  speaker 
the  Honorable  Sir  Charles  Arthur  Roe,  who  deUv- 
ered  the  following  address  on  The  Constitutional  Rela- 
tions of  England  and  her  Dependencies. 

According  to  the  last  official  statistics  published  by 
the  Colonial  Office,  the  Colonial  Empire  of  Great  Britain — 
excluding  Great  Britain  itself,  and  India — extended  over 
some  9,750,000  of  square  miles,  with  an  estimated  popu- 
lation of  between  23,000,000  and  24,000,000 — the  distribu- 
tion of  which  is  thus  summarized  : 

Countries.                                  Area  (Sq.  Miles).  Population. 

Europe 3.700  427,000 

Asia 124,000  5,279,000 

Africa 2,515,000  5,304,000 

America 3,958,000  5,733,000 

West  Indies 12,000  1,514,000 

Australasia 3,175,000  4,926,000 

Total 9,797,700         23,283,000 

If  we  add  to  these  figures. 

The  United  Kingdom 121,180         40,000,000 

India 1,560,110       289,000,000 

the  total  area  and  population  under  the  Crown  of  England 
will  be  nearly  11,500,000  square  miles,  with  some 
350,000,000  of  inhabitants. 

It  would  be  impossible  to  say,  without  a  very  elabo- 
rate examination  of  statistics,  what  proportion  of  the 
above  area  and  population  can  really  be  regarded  as 
British.  But  speaking  roughly,  we  may  say  that  Canada, 
Australasia,  and  a  great  part  of  the  Cape  of  Good  Hope 
are  true  British  colonies  in  the  sense  that  the  bulk  of  the 
population  is  of  British  descent,  with  English  law  for 
their  personal  law,  and  that  they  may  be  expected  to 
expand  into  great  English-speaking  nations.  Of  course 
a  considerable  number  of  persons  of  pure  British  descent 
are  to  be  found  in  the  other  parts  of  the  empire,  but  for 
purposes  of  enumeration  they  may  be  set  off  against  the 
non-British   in  the  British  colonies    proper.     The    latter 


Address  of  Charles  Arthur  Roe.  73 

would,  on  this  calculation,  contain  an  area  of  some 
7,000,000  or  7,500,000  square  miles,  and  a  population 
of  about  12,000,000. 

I  will  not  attempt  to  give  any  detailed  account  of 
how  this  gfreat  empire  has  been  built  up.  Part  of  it  was 
acquired  by  conquest — or  as  the  result  of  wars — but  it  is 
to  the  peaceful  industry  and  enterprise  and  natural 
aptitude  for  colonization  of  her  sons  that  England  owes 
the  greater  part  of  her  colonial  empire.  The  foundation 
of  this  empire  was  laid  by  the  acquisition  of  Newfound- 
land in  1583 — and  the  last  act  of  expansion  was  the 
arrangement  with  other  European  Powers  of  1890  by 
which  England  acquired,  or  was  acknowledged  to  have 
the  right  to  acquire,  some  2,500,000  out  of  11,000,000  of 
square  miles  which  is  the  estimated  area  of  the  whole  of 
Africa. 

The  formal  constitutional  relations  between  England 
and  her  colonies  and  dependencies  is  the  same  for  all  in 
the  sense  that  all  form  part  of  the  dominions  of  the 
Crown,  and  are,  in  theory,  governed  by  the  Crown 
through  the  colonial  secretary,  the  history  of  whose  ofBce 
is  briefly  this  : 

In  July,  1660,  the  management  of  the  afTairs  of  the 
colonies  was  entrusted  to  a  committee  of  the  Privy 
Council,  which,  in  the  following  December,  became  the 
Council  of  Foreign  Plantations.  This,  in  1672,  was 
united  to  the  Council  of  Trade,  and  the  joint  body  was 
styled  the  Council  of  Trade  and  Plantations.  It  was 
suppressed  in  1677,  but  revived  in  1695,  and  continued  to 
exist  down  to  1782.  In  176S,  when  the  unfortunate  quarrel 
between  England  and  her  American  colonies  had  com- 
menced, a  secretary  of  state  for  the  colonies  was  for  the 
first  time  appointed.  But  both  he  and  the  council  were 
abolished  in  1782,  when  the  quarrel  ended  in  the  com- 
plete loss  of  America,  and  the  affairs  of  the  colonies  that 
remained  to  us  were  again  made  over  to  a  committee  of 
the  Privv  Council.     This  committee  was  formalh'  eonsti- 


74  Address  of  Charles  Arthur  Roe, 

tuted  in  1786,  and  subsequently  developed  into  what  is 
now  known  as  the  Board  of  Trade,  but  after  the  outbreak 
of  the  French  War  in  1793,  the  committee  ceased  to  have 
anything  to  do  with  colonial  affairs.  These  were  first  made 
over  to  the  Home  and  then  to  the  War  Office,  and  in 
1 801  a  new  ofifice  of  secretary  of  state  for  war  and  the 
colonies  was  created.  This  arrangement  continued  till 
1854,  when  the  outbreak  of  the  Crimean  War,  as  well  as 
the  rapid  growth  of  the  Australian  colonies  necessitated  a 
separation  of  the  two  offices.  Since  then  the  secretary 
of  state  for  the  colonies  has  had  sole  charge  of  their 
affairs. 

But  although  the  colonies  and  dependencies  are  alike 
in  so  far  as  they  are,  in  theory,  governed  by  the  Crown 
through  the  colonial  secretary,  their  real  government  pre- 
sents every  variety  of  constitutional  relations,  from  com- 
plete dependence  to  practical  independence.  Apart  from 
mere  posts  occupied  for  naval  or  military  purposes,  such 
as  Gibraltar,  Adeb,  Perim,  and  Wai-o-Wai,  which  are 
under  the  Admiralty  or  War  Office,  or  the  government  of 
India  and  "protectorates"  or  **  spheres  of  influence," 
such  as  Uganda,  Zanzibar,  the  Niger  Coast,  and  the  North 
Borneo  Company,  which  are  under  the  Foreign  Office, 
there  are  under  the  Colonial  Office  forty  distinct  and,  as 
regards  each  other,  independent  governments  or  adminis- 
trations. Of  these  forty,  eleven  are  what  is  called  "  self- 
governing  colonies,"  i.  c,  practically  independent  govern- 
ments with  parliaments  of  their  own.  The  remaining 
twenty-nine  may  be  grouped  as  follows : 

I.       Without  any  Legislative  Council,  that  is,  where  the 
power  of  legislation  is  vested  in  the  officer  admin- 
istering the  government 4 

These  may  be  subdivided  into — 

{a)  Where  the  Crown  has  reserved  to  itself  the 
power  of  legislating  by  order  in  council, 
Malta,  Labuan,  St,  Helena 3 


Address  of  Charles  Arthur  Roe.  75 

(d)  Where  it  has  not  reserved  this  power.     Ba- 
sutoland i 

II.  WithLegislativeCouncilsnominatedby  the  Crown   16 

(a)  In  which  the  Crown  has  reserved  the  power 

of  legislating  by  order  in  council 15 

(d)  Where  it  has  not  reserved  this  power  ...       i 

III.  With   Legislative  Councils,   partly  nominated  by 

the  Crown  and  partly  elected 9 

(a)  In  which  the  Crown  has  reserved  the  power 

of  legislating  by  order  in  council 6 

(d)  In  which  it  has  not  reserved  the  power  .    .      3 

In  the  case  of  all  these  twentv-nine  colonies  or 
dependencies  the  control  of  the  Crown  is  a  real  control. 
Where  there  is  no  Legislative  Council  the  officer  admin- 
istering the  government  acts  entirely  under  instructions 
received  from  Home.  In  the  others  the  case  is  the  same 
in  all  executive  matters,  and  even  where  the  Legislative 
Council  contains  the  largest  elected  proportion  of  mem- 
bers, its  powers  of  legislation  are  by  no  means  complete, 
that  is  to  say  the  colonial  secretary,  even  when  he  does 
not  require  bills  to  be  submitted  to  him  for  approval 
before  they  are  introduced  into  council,  would  not  hesitate 
to  advise  the  Crown  to  veto  any  bill  passed  by  the  council 
which  he  considered  objectionable. 

But  in  the  eleven  "self-governing"  colonies  the  case 
is  very  different.  They,  too,  as  I  have  said,  are  in  theory 
and  by  their  written  constitutions,  so  far  as  they  have  any, 
governed  by  the  Crown  through  the  colonial  secretary. 
The  administration  is  carried  on  in  the  name  of  a  governor 
appointed  by  the  Crown,  through  ministers  whom  he  may 
choose  and  dismiss  at  pleasure,  and  he  may  veto  the  most 
deliberate  acts  of  the  legislature.  But  what  we  now  un- 
derstand in  England  by  the  term  "  constitution "  is  not 
the  letter  of  documents  (of  which  there  are  hardly  any) 
creating  or  defining  the  powers  of  any  part  of  the  body 
politic,  but  the  general  spirit  in  which  custom,  which  has 
from  time  to  time  changed,  and  will  continue  to  change, 


76  Address  of  Charles  Arthur  Roe. 

expects  each  different  part  to  exercise  its  powers.  Lord 
Macaulay,  in  the  opening  chapter  of  his  History  of  Eng- 
land, says  with  reference  to  the  constitution  : 

"  The  change,  great  as  it  is,  which  her  (England's) 
polity  has  undergone  during  the  last  six  centuries  has 
been  the  effect  of  gradual  development,  not  of  demolition 
and  reconstruction.  The  present  constitution  of  our 
country  is  to  the  constitution  under  which  she  flourished 
500  years  ago,  what  the  tree  is  to  the  sapling,  what  the 
man  is  to  the  boy.  The  alteration  has  been  great,  yet 
there  never  was  a  moment  at  which  the  chief  part  of 
what  existed  was  not  old.  A  polity  thus  formed  must 
abound  in  anomalies,  but  for  the  evils  arising  from  mere 
anomalies  we  have  ample  compensation.  Other  societies 
possess  written  constitutions  more  symmetrical.  But  no 
other  society  has  yet  succeeded  in  uniting  revolution  with 
prescription,  progress  with  stability,  the  energy  of  youth 
with  the  majesty  of  immemorial  antiquity." 

Thus  it  is  that  whilst  the  constitution  of  England 
at  the  present  day  is  practically  a  democracy,  in  the  sense 
that  the  will  of  the  people  as  expressed  through  a 
House  of  Commons  elected  on  a  very  broad  suffrage,  is 
really  the  supreme  power  in  the  state,  the  sovereign  re- 
tains not  only  the  title,  but  also,  in  theory,  the  powers  of 
the  Tudor  and  Stuart  monarchs,  and  the  House  of  Lords 
has  at  least  the  same  power  as  the  House  of  Commons. 
Yet  if  either  the  Crown  or  the  House  of  Lords  were  to 
attempt  to  exercise  their  powers  in  opposition  to  the 
House  of  Commons  their  conduct  would  be  denounced  as 
"  unconstitutional,"  not  because  it  would  be  a  breach  of 
letter  of  the  constitution,  but  because  it  has  become  a 
recognized  principle  that  the  Crown  can  only  act  on  the 
advice  of  responsible  ministers  and  that  the  House  of 
Lords,  though  it  may  and  should  reject  hastily  considered 
measures,  or  measures  as  to  the  expediency  of  which  the 
opinion  of  the  nation  is  divided,  is  not  justified  in  opposing 
a  deliberate  and  definite  expression  of  the  national  will. 


Address  of  Charles  Arthur  Roe,  -jj 

A  similar  spirit  pervades  the  constitution  of  the  self- 
governing  colonies  with  reference  both  to  their  internal 
government  and  their  relation  to  the  mother  country.  I 
will  not  attempt  to  trace  the  history  of  these  colonies,  or 
of  any  of  them,  in  detail,  or  to  explain  the  technicalities 
of  their  existing  constitutions.  Speaking  broadly,  it  is  as 
true  of  them  as  of  the  English  constitution,  that  the  present 
state  of  things  is  the  result  of  natural  development.  In  its 
early  days  the  head  of  a  colony  must  have  full  powers, 
and  these  must  be  derived  from  the  Crown,  that  is  the 
responsible  government  of  the  mother  country,  and  be 
exercised  under  the  control  of  the  Crown.  When  the 
colony  begins  to  gain  strength,  its  leading  men  may  be 
selected  to  assist  the  governor  with  their  advice  and  share 
his  powers,  and  the  control  of  the  Crown  will  be  rela.xed. 
As  the  strength  of  the  colony  increases,  the  nominated 
council  may  give  place  to  an  elected  one,  and  the  control 
of  the  Crown  reduced  to  a  minimum.  This  is  the  stage 
which  has  been  reached  by  the  "  self  governing  colonies," 
and,  as  I  have  said,  it  has  been  reached  gradually,  not  by 
blindly  adopting  a  particular  form  of  government  on  ac- 
count of  its  theoretical  beauty,  but  by  from  time  to  time 
applying  the  form  most  suitable  to  the  circumstances  of 
each  particular  case.  There  is  a  great  danger  in  political 
(of  course  I  do  not  use  the  word  in  its  party  sense)  as  well 
as  in  other  matters — not  excluding  even  the  law,  of  follow- 
ing theories  instead  of  attending  to  the  facts.  This  danger 
is  particularly  great  when  a  country  whose  government  is 
based  on  a  democratic,  or  popular,  foundation  is  dealing 
with  the  affairs  of  a  colony  or  dependency.  Because  cer- 
tain arrangements,  such  as  the  practical  vesting  of  supreme 
power  in  a  popular  assembly,  trial  by  jury,  liberty  of  the 
press,  work  well,  or  are  a  necessity  in  the  mother  country 
it  is  assumed  that  they  are  great  and  eternal  truths  which 
will  work  equally  well  in  all  communities,  and  that  they 
must  be  applied  regardless  of  consecjuences,  even  though 
popular  elections  may  result  in  a  war  of  races,  or  chaos, 


78  Address  of  Charles  Arthur  Roe. 

trial  by  jury  in  gross  miscarriage  of  justice,  and  liberty  of 
the  press,  in  anarchy.  The  true  democratic  or  popular 
principle  is,  I  believe,  this,  that  all  governments  exist,  or 
should  exist,  for  the  good  of  the  governed,  and  that  the 
best  form  of  government  for  every  community  is  the  one 
which  is  under  the  particular  condition  of  each  case  most 
calculated  to  promote  this  good.  The  relations  between 
a  mother  country  and  her  colonies  and  dependencies  re- 
semble very  closely  those  between  a  parent  and  child.  If 
it  is  incumbent  on  the  parent  to  protect  and  control  a  child 
in  its  infancy  it  is  equally  incumbent  on  him  to  recognize 
the  fact  that  the  child  grows  into  the  man,  and  that  as  he 
does  so,  advice  must  take  the  place  of  command,  and  at 
last  even  advice  must  not  be  obtruded  unasked.  I  do  not 
wish  to  refer  to  any  of  the  details  of  what  I  have  already 
spoken  of  as  the  unfortunate  quarrel  between  England  and 
her  American  colonies,  but  I  think  that  it  may  be  said 
with  truth  that  the  chief  cause  of  it  was  England's  failure 
to  recognize  the  fact  that  her  child  had  grown  up.  She 
has  learned  a  lesson  from  the  past,  and  whatever  may  be 
the  formal  constitutional  relations  between  England  and 
her  grown-up  colonies,  the  real  tie  between  them  is  that 
of  family  affection.  The  value  of  such  a  tie  is  as  great  in 
public  as  in  private  life,  and  it  was  never  more  strongly 
shown  than  at  the  present  moment,  when  from  all  parts  of 
the  empire  England's  children  are  rallying  to  her  side, 
ready  to  spend  their  money  and  their  lives  in  her  defence, 
each  colony  vying  with  the  others  as  to  which  can  do  most 
for  the  common  mother,  and  best  serve  their  much-loved 
Queen. 

To  the  very  brief  sketch  which  I  have  attempted  to 
give  of  the  constitutional  relations  between  England  and 
her  colonies,  I  must  add  a  few  words  regarding  these 
relations  between  her  and  India.  India  is  not,  and  never 
can  be  a  colony,  that  is,  a  country  occupied  to  any  appre- 
ciable extent  by  settlers  of  British  descent.  Its  organiza- 
tion, social   and  political,  is  entirely  its  own,  though  its 


Address  of  Charles  Arthur  Roe.  79 

government  is  completely  controlled  by  England.  It  is 
the  greatest  of  England's  ''dependencies,"  and  a  most 
perfect  illustration  of  the  true  meaning  of  the  term. 
Although  India  is  often  described  as  having  been  con- 
quered, or  acquired  by  the  sword,  the  description  is  very 
inaccurate.  The  real  source  of  the  acquisition  was,  as  in 
the  case  of  the  colonies — the  peaceful  industry  and  enter- 
prise of  England's  own  children.  The  foundation  of  the 
empire  was  a  curious  one — it  was  due  to  a  rise  in  the  price 
of  pepper.  The  Dutch,  who  had  a  monopoly  of  the 
Eastern  trade,  raised  the  price  of  all  spices  to  such  an 
e.xtent  that,  in  1600,  a  few  merchants  of  the  city  of  Lon- 
don determined  to  send  out  one  or  two  ships  of  their  own. 
Their  enterprise  was  successful ;  it  was  repeated  and 
developed  into  a  regular  trade.  The  merchants  became 
a  chartered  company  with  a  monopoly,  and  established 
depots  or  factories.  Bombay  came  to  England  as  part  of 
the  dowry  of  the  Queen  of  Charles  II.  Madras  was 
founded  in  1664,  and  Calcutta  in  1698.  The  factories 
grew  into  possessions  and  their  guards  into  a  powerful 
army.  Clive  made  these  possessions  a  power,  and  War- 
ren Hastings  made  this  power  an  empire,  of  which  he 
was  made  governor-general  in  1774.  It  was  Pitt's  Regu- 
latmg  Act  of  that  year  which  first  established  any  real 
constitutional  relations  between  England  and  India.  This 
was  done  by  constituting  England  a  committee  of  the 
East  Indian  Company's  directors,  presided  over  by  a 
cabinet  minister,  called  the  "  president  of  the  board  of 
control,"  for  the  management  of  the  "  political "  affairs  of 
the  company,  by  associating  with  the  governor-general 
members  of  council  appointed  from  home,  and  by  estab- 
lishing at  each  presidency  town,  that  is,  at  Calcutta, 
Madras  and  Bombay,  a  supreme  court  whose  judges  were 
English  barristers.  This  arrangement  lasted  till  i860, 
when  the  East  India  Company  ceased  to  e.xist,  and  the 
Crown  assumed  the  direct  government  uf  India. 


8o  Address  of  Charles  Arthur  Roe. 

But  the  organization  of  the  new  government  was 
framed,  in  the  main,  on  the  Hnes  of  the  old  one.  In 
England  a  secretary  of  state  took  the  place  of  the  old 
"  president  of  the  board  of  control,"  and  his  council,  vary- 
ing in  number  from  ten  to  fifteen,  and  composed  of 
persons,  official  and  non-official,  of  the  greatest  Indian 
experience,  took  the  place  of  the  old  company's  commit- 
tee. The  secretary  of  state  cannot  impose  any  burden  on 
the  finances  of  India  without  the  consent  of  his  council, 
and  he  is  supposed  to  consult  it  and  be  guided  by  its 
advice  in  all  other  matters.  But  he  may,  and  he  not 
infrequently  does,  act  independently  of  his  council,  or  dis- 
regard its  advice,  not,  I  fear,  always  to  the  benefit  of  India. 

In  India  the  governor-general  became  also  viceroy, 
but  his  powers  and  those  of  his  executive  council,  which 
consists  of  a  legal  member  and  a  financial  member,  usually 
sent  out  from  England,  and  a  military  member,  and  two 
civilians  selected  from  the  civil  and  military  service  in 
India,  remained  much  as  before.  Each  member  of  coun- 
cil has  special  charge  of  some  department  of  the  govern- 
ment, and,  like  a  cabinet  minister  in  other  countries, 
disposes  of  all  minor  matters  connected  with  it.  All 
matters  of  importance  are  dealt  with  by  the  whole  council, 
but  the  viceroy  is  not  bound  by  a  vote  of  the  majority, 
nor  would  a  member  who  was  outvoted  think  it  necessary 
to  resign.  He  would  merely  record  a  minute  setting 
forth  his  reasons  for  dissenting  from  the  policy  adopted. 
No  doubt  the  original  intention  of  the  framers  of  this 
constitution  was  that  the  opinion  of  the  members  of  the 
council  should  be  given  independently  by  them  as  Indian 
experts,  that  the  viceroy  should  also  form  an  independent 
judgment  after  giving  due  weight  to  this  opinion,  and 
that  the  secretary  of  state  in  England  should  only  overrule 
the  viceroy  for  very  special  reasons.  I  would  not  imply 
that  the  members  of  the  council  have  ceased  to  give 
independent  opinions,  and  they  have  most  carefully  kept 
themselves  free  from  English  political  parties.     But  the 


Address  of  Charles  Arthur  Roe.  8  i 

course  of  events  in  India  and  its  vicinity,  which  has  made 
many  Indian  questions  EngHsh  or  European  questions, 
and  more  especially  the  telegraphic  connection  between 
India  and  England,  has  tended  to  reduce  the  government 
of  India  to  a  more  subordinate  position,  and  to  make  its 
highest  officers  not  men  left  to  act  independently  with  a 
possibility  of  having  their  action  set  aside,  but  mere 
officials  appointed  to  carry  out  orders  or  a  policy  resolved 
on  at  home. 

A  very  erroneous  idea  prevails  about  the  government 
of  India  and  its  officers  in  matters  of  internal  administra- 
tion. It  is  very  generally  supposed  that  the  executive 
government  and  its  officials  down  even  to  its  district 
officers  can  issue  what  orders  they  please,  and  that  these 
orders  have  the  force  of  law\  Nothing  can  be  further 
from  the  truth.  No  doubt  this  was  the  state  of  things 
under  the  native  governments  which  preceded  the  British. 
and  it  continues,  with  certain  reservations,  in  the  native 
states  at  the  present  day.  But  in  British  India  the  powers 
of  the  government  and  its  officers  were  created  solely  by 
the  written  law,  and  are  strictly  limited  by  it.  There  is 
no  royal  prerogative  by  common  law,  and  no  inherent 
power  in  any  class  or  any  individual  to  rule  over  others. 
The  whole  population  is  on  a  footing  of  the  most  perfect 
legal  equality,  and  if  any  one  issues  an  order  to  another 
he  must  show  that  the  power  to  do  so  was  conferred  on 
him  by  a  certain  section  of  a  certain  act,  either  of  parlia- 
ment or  the  Indian  legislature,  and  punishment  for 
disobedience  of  the  order  could  only  be  inflicted  by  a 
regular  court  of  law,  after  a  proper  trial.  If  the  viceroy 
himself  were  to  be  personally  assaulted  by  a  common 
coolie,  the  latter  would  not,  as  in  most  Eastern  countries, 
be  led  off  to  instant  e.xecution,  he  would  have  to  be  pros- 
ecuted before  a  magistrate,  and  could  only,  on  conviction, 
receive  the  sentence  prescribed  by  law. 

No  doubt  in  its  inception  the  British  Government  did 
succeed  ttj  the  powers  of  the  government  it  displaced,  and 


82  Address  of  Charles  Arthur  Roe. 

its  executive  orders  were  regarded  as  laws.  But  as  soon 
as  Pitt's  Act  of  1774  gave  a  definite  shape  to  the  consti- 
tution of  India,  the  distinction  was  drawn  between  mere 
executive  orders,  and  regulations  by  the  governor-general 
in  council  which  were  drawn  up  in  the  form  of  statutes 
and  were  intended  to  be  observed  as  laws.  In  1833  a 
Legislative  Council,  consisting  of  the  viceroy  and  his 
executive  council,  with  the  addition  of  other  members, 
official  and  non-official,  nominated  by  him,  was  created 
and  the  power  of  legislation  was  transferred  to  it  alone. 
Lord  Macaulay  went  out  to  India  as  its  first  legal  member 
of  council,  and  the  India  Penal  Code  which,  though  it  was 
not  formally  passed  till  i860,  was  drafted  by  him,  would 
even  if  he  had  written  nothing  else,  remain  forever  a 
monument  of  his  genius.  The  council  was  enlarged  in 
1 86 1,  and  it  has  been  further  enlarged  of  late  years,  chiefly 
by  the  addition  of  non-official  members,  a  few  of  whom 
are  elected,  or  rather  nominated  to  the  viceroy  for  ap- 
proval, by  bodies  such  as  the  Calcutta  Chamber  of 
Commerce,  and  members  have  been  given  a  right  of 
interpellation.  Some  of  these  changes  can  hardly  be 
regarded  as  improvements,  and  they  were  probably 
adopted  merely  in  order  to  avoid  still  more  mischievous 
ones.  In  its  proper  sphere,  that  is  as  a  machine  for  pass- 
ing laws,  the  council  has  done  admirable  work.  In 
addition  to  the  Penal  Code  to  which  I  have  referred,  it 
has  given  us  most  complete  codes  of  Civil  and  Criminal 
Procedure,  and  a  "Contract  Act"  and  an  "Evidence 
Act,"  which  embody  the  cream  of  English  and  American 
law.  The  ordinary  process  of  legislation  in  India  is  this  : 
Bills  are  introduced  into  council,  not  to  satisfy  some 
political  cry  or  "  fad,"  but  to  meet  some  real  want  which 
has  been  pressed  on  the  notice  of  the  government.  On 
their  introduction  they  are  not  only  published  in  the 
Gover7i7nent  Gazette  and  leading  newspapers,  English  and 
vernacular,  but  they  are  also  specially  sent  for  opinion  to 
those   persons,  official   and   non-official,   Europeans  and 


Address  of  Charles  Arthur  Roe.  83 

natives,  who  are  likely  to  have  any  opinion  worth  giving. 
The  opinions  received  are  carefully  considered  by  a  select 
committee  of  the  council,  who  then  report  the  bill  to  the 
council  generallv  with  their  recommendations.  It  is 
then  debated  in  the  usual  way  and  passed  into  law  or 
rejected,  as  the  case  may  be.  To  attempt  to  turn  this 
body  into  a  parliament  or  anything  resembling  a  parlia- 
ment, will  considerably  impair  its  efficiency  as  a  machine 
for  legislation  as  to  any  general  establishment  of  parlia- 
mentary' institutions  in  India.  I  can  only  repeat  what  I 
have  already  said  as  to  the  danger  of  applying  theories 
without  regard  to  facts.  The  natives  of  India  who  form 
themselves  into  congresses  and  pass  resolutions,  in  no 
sense  represent  the  people  of  India  or  express  their 
true  wants.  They  merely  represent  a  somewhat 
numerous  body  of  persons  who  have  received  an  English 
education  at  government  expense,  and  who,  on  failing  to 
obtain  government  employment,  think  that  they  will  at  least 
obtain  notoriety  by  going  into  opposition.  Their  mode  of 
thought  and  speech,  and  even  of  their  sedition,  when  they 
are  seditious,  is  not  that  of  India  but  of  an  imitation 
Europe. 

Between  the  Legislative  Council  and  England  the  con- 
stitutional relation  is  that  the  council  has  full  power  to 
legislate  on  all  matters  within  the  limits  of  British  India, 
and  the  Crown,  acting  through  the  secretary  of  state, 
has  merely  the  power  of  veto.  It  was  intended  that  all 
members  of  the  council,  offlcial  as  well  as  non-offtcial, 
should  deal  with  all  matters  in  a  perfectly  independent 
spirit,  and  that  the  power  of  veto  should  only  be  exercised 
in  extreme  cases.  But,  as  in  executive  matters,  there  has 
been  a  tendency  on  the  part  of  the  secretary  of  state  to 
encroach  on  the  pt)wers  of  the  government  of  India. 
Under  the  cover  of  the  power  of  the  veto,  he  requires  the 
more  important  measures  of  government  to  be  submitted 
to  him  for  approval  before  the  bills  to  give  effect  to  them 
are  introduced  into  the  council,  and  its  official  members 


84  Address  of  Charles  Arthur  Roe. 

are  expected,  though  not  to  the  same  extent  as  in  England, 
to  support  the  bills  that  may  thus  be  introduced. 

Besides  the  power  of  control  over  the  making  of  laws 
which  I  have  endeavored  to  explain  in  the  above  remarks, 
there  exists  for  all  the  colonies,  self-governing  or  depend- 
ent, and  for  India,  a  very  real  control  over  the  administra- 
tion of  the  law,  which  is  exercised  by  the  Judicial  Com- 
mittee of  the  Privy  Council.  This  body  is  the  final  court 
of  appeal  for  all  parts  of  the  British  Dominions  outside 
the  United  Kingdom.  Cases  come  before  it  from  all 
quarters  of  the  globe,  and  it  has  to  act  as  the  final  interpre- 
ter of  almost  every  known  system  of  law,  English,  Colon- 
ial, Hindu,  and  Mohammedan,  and  even  the  still  more  in- 
tricate systems  of  customary  or  tribal  law,  by  which  most  of 
the  native  races  are  governed.  Yet,  strange  to  say,  this 
supreme  court  is  not,  strictly  speaking,  a  court  at  all.  Its 
jurisdiction  arises  simply  out  of  the  right  of  every  British 
subject,  who  believes  that  a  wrong  has  been  done  him,  to 
petition  his  sovereign  personally  for  redress.  Of  course 
there  are  limits  imposed  by  the  various  legislatures  as  to 
the  nature  and  value  of  the  cases  in  which  an  appeal  to 
Her  Majesty  in  council  is  allowed,  but  when  it  is  allowed 
it  takes  the  form  of  a  petition  to  the  sovereign,  which  is 
referred  by  her  to  certain  select  members  of  her  Privy 
Council  for  consideration.  They  consider  it  not  as  a 
bench  of  judges  sitting  in  state,  but  as  a  small  group  of 
elderly  gentlemen  in  plain  clothes,  seated  at  the  end  of  an 
office  table,  and  the  result  of  their  deliberations  is  recorded, 
not  in  the  form  of  a  decree  of  a  court  but  merely  as  "  hum- 
ble advice"  to  Her  Majesty  to  take  certain  action.  It  is 
needless  to  say  that  Her  Majesty  always  does  act  on  the  ad- 
vice given,  but  the  whole  procedure  is  a  curious  illustra- 
tion of  the  affection  of  the  English  constitution,  for  old 
forms  long  after  the  substance  has  completely  changed. 

In  concluding  this  brief  sketch  of  the  constitutional 
relations  between  England  and  her  colonial  empire,  I  can- 
not, in  the  presence  of  an  American  audience,  refrain  from 


Address  of  Charles  Arthur  Roe.  85 

giving  expression  to  the  thought,  which  must  often  occur 
to  most  Englishmen,  what  would  that  empire  have  been 
if  you  had  continued  to  form  part  of  it?     In  its  mere  ex- 
ternal form  it  would  have  been  an  empire  extending  over 
more  than  15,000,000  of  square  miles,  and  containing  in 
addition  to  nearlv  300,000,000  British  subjects  of  other 
races,  a  population  of   131,000,000  of  English-speaking 
freemen,  and  its  internal  strength  would  have  been  greater 
even  than  its  form.     I  have  said  that  the  chief  cause  of 
our  losing  you  was  that  England  failed  to  recognize  when 
her  child  was  grown  up.     It  may  be  that  the  child  was  so 
strong  and  vigorous,  and  his  future  in  life  so  great,  that 
the  most  judicious  treatment  would  have  failed  to  per- 
manentlv  retain  him  even  in  a  nominal  dependence  on 
his  mother.     If  this  is  so,  if  we  must  have  parted  company 
some  day,  at  any  rate  we  need  not  have  parted  in  anger. 
But  time  softens  the  bitterness  of  even  the  most  serious 
family  quarrels,  and  I  think  it  may  be  truly  said  that  in 
ours  all  sense  of  bitterness  passed  away  a  hundred  years 
ago,  and  that  the  lesser  feelings  of  jealousy  and  estrange- 
ment have  gone  also.     Year  by  year  the  two  great  kin- 
dred nations  are  drawing  closer  and  closer  together,  they 
are  learning  to  understand  one  another  better,  to  rejoice 
with  each  other  in  prosperity,  to  sympathize  with  t-acii 
other  in  trouble,  to  recognize  the  truth  of  the  old  saying 
that  "blood  is  thicker  than  water,"  and  to  feel  that  we  are 
not  merely  friends  with  interests  and  feelings  in  ctmimon, 
but  are  truly  members  of  one  family.     When  we  come  to 
you  we  receive  even  more  than  a  family  welcome,  and 
when  you  come  to  us  it  is  not  to  see  a  strange  countrv, 
but  to  revisit  your  old  home.    Many  of  you,  I  am  glad  to 
say,  visit  Oxford  in  the  course  of  your  tours,  and  I  have 
no  doubt  that,  as  y<ju  gaze  on  the  t^ld  colleges  and  recall 
their  founders  and  benefactors  and  the  history  of  the  times 
in  which  they  lived,  it  is  a  pleasure  to  y(ju  to  feel  that  this 
histciry  is  y(jur  history,  that  these  men  were  vour  ancestors, 
and  that  you  have  as  good  a  right  to  rlnini  admission  to 


86  Address  of  Charles  Arthur  Roe. 

the  colleges  as  founder's  kin  as   any  inhabitant  of   the 
British  Isles. 

Owing  to  the  lateness  of  the  hour  the  address  of  Mr. 
Gerard  B,  Finch,  with  which  the  exercises  were  to  have 
concluded,  was,  with  his  consent,  transferred  to  the  next 
day's  program  ;  and,  at  the  close  of  Sir  Charles  Roe's 
address,  the  guests  of  the  University  repaired  to  the 
rooms  of  the  University  Club  to  attend  a  reception  by  the 
club  to  Mr.  Justice  Harlan,  Sir  Charles  Arthur  Roe,  Mr. 
Gerard  B.  Finch  and  Mr,  James  Barr  Ames. 


Proceedings  of  the   Second    Day.  Sy 

Second  Day* 

On  Thursday,  February  22nd,  annually  celebrated  by 
the  University  of  Pennsylvania  as  "  University  Day,"  the 
students  of  all  departments  led  by  the  Municipal  Band 
marched  from  the  campus  to  the  Academy  of  Music  to 
participate  in  the  exercises  of  the  day.  The  following 
alumni  and  class  presidents  acted  as  marshals  and  aids : 

Chief  Marshal. 
Judge  Euwin  A.  Jaggard, '82  L. 

Assistant  Marshals. 

Thomas  Learning,  '76  C.  William  Bowen  Boulton,  '79  C. 

Ludovic  C.  Cleeman, '  59  C.  William  Heyward  Drayton,  Jr. ,' Si C. 

Robert  Patton  Lisle,  '62  C.  Lewis  H.  Taylor,  'So  M. 

Cornelius  Stevenson,  '63  C.  William  E.  Casselberry,  '79  M. 

Nicholas  Henry  Thouron,  '64  C.  John  L.  Wentz,  '82  M. 

Sidney  W.  Keith,  '76  C.  Howard  Gerald  Provost,  '84  D. 

Thomas  Robins,  '77  C.  Allen  J.  Smith,  '86  M. 

Lewis  Neiison,  'Si  C.  Ernest  Wende,  '84  M. 

Charles  Edward  IngersoU,  '82  C.  Cecil  Clay,  '59  C. 

John  Lambert,  Jr.,  '83  C.  Robert  Carmer  Hill,  '89  C. 

Thomas  Lynch  Montgomery, '84 C.  Thomas  Turnbull,  Jr.,  '87  M. 

Hugh  Walker  Ogden,  '90  C. 

Aides. 

John  Sebastian  Conway,  '00  C.  Samuel  Crowther,  Jr.,  '01  C. 

Robert  Holmes  Page,  '02  C.  William  Gilfillan  Gardiner,  "03  C. 

John  Henry  Outland,  '00  M.  Josiah  Calvin  McCracken,  '01  M. 

Benjamin  F"ranklin  Roller,  '02  ^L  Charles  Hay  Spayd,  '03  M. 

Charles  Louis  McKeehan,  '00  L  Walter  Coggeshall  Janney,  '01  L. 

Joseph  Robert  Wilson,  '02  L.  Clifton  Ernest  Lord,  '00  D. 

George  Eugene  Davis,  "oi  D.  William  George  Hanrahan,  '02  D. 

Hulbert  Young,  *oo  V.  Charles  Louis  Colton,  '01  V. 

Samuel  Burrows,  '02  V. 


88  Conferring  of  Honorary  Degrees. 

Simultaneously  with  the  arrival  of  the  student  body 
at  the  Academy,  at  eleven  o'clock,  the  Provost,  with  the 
orator  of  the  day,  the  representatives  of  Universities,  and 
the  Trustees  and  Faculties  of  the  University  of  Pennsyl- 
vania in  academic  dress,  proceeded  to  the  stage. 

The  exercises  were  opened  with  prayer  by  the  Right 
Reverend  Ozi  W.  Whitaker,  after  which  the  audience,  led 
by  the  band,  joined  in  singing  "  America." 

The  degree  of  Doctor  of  Laws,  /lonori's  causa,  was 
then  conferred  in  University  Council  on  the  following 
named  gentlemen : 

James  Barr  Ames,  Dean  of  the  Faculty  of  Law 
of  Harvard  University. 

Gerard  Brown  Finch,  representative  of  Cam- 
bridge University,  England. 

Sir  Charles  Arthur  Roe,  representative  of  Oxford 
University,  England. 

John  Marshall  Harlan,  Senior  Associate  Justice 
of  the  Supreme  Court  of  the  United  States. 

Oscar  Solomon  Straus,  United  States  Minister  to 
Turkey. 

Wu  Ting-Fang,  Chinese  Minister  to  the  United 
States. 

Porfirio  Diaz,  President  of  Mexico  (represented 
by  Senor  Manuel  de  Aspiroz,  Mexican  Ambassador 
to  the  United  States.) 

The  credentials  of  the  representatives  of  the  Univer- 
sities of  Oxford  and  Cambridge  were  then  read  by  them.* 


*  Facsimiles  of  these  credentials  appear  opposite. 


I 


I 


Letter  of  Frederic  William   Maitl.\nd.  89 

The  follo^ving  letter  from  Frederic  William  Maitland,  LL.D.,  Downing  Pro- 
fessor  of  the  Lawi  of  England  in  t!ie  University  of  Cambridge,  was  also  read : 

/^  Jan  .    'joo  . 

/^^i/x      'niuJ"     Ldur    Scktfrl    b%x     9^'^.a.itllt^cs.     fHi    UAct/C^^'/f  ^ 

4,*   to     ^c      it,      7,f,^,^^U;u€      ^d     ^^''^    ^^    ^'    "'^ 
you    cUd    MC     /Xc     L'ji     Ji^a</y     V    U*Ar»  t,;*^    h'iC     ta    <^^ 

^j^.a^ce       A./    U     i^iU     a^U     *n^^    /f    f'ci/.UU . 
^old     ,f    4£     /a/d     ^at      Sun     /^•"h/h    ^4^    K/Of    ca/itJrL 


90  Letter  of  Frederic  William  Maitland. 

^eciec,     ^     '^Dwxx^    l^-^^tcff}      A/i^    fHe^t      Ivene    fUd^c^j 

jUU    out     ^4     d^t^ncU'ut    foici     /   /ai>-y 


tmxUci    /lorn       f^j/c^d       to      /IrKt^i'ccL      f^d     Aen 


Letter  of  Frederic  William  Maitland.  91 

/     y  h    i     ft     ^rik     ^^     ^^ 

f  /l^r    V       Ui    «^     ^^^^      ^'^     '^^ 

S^^arnrnx^      a^U  /fc    j''^'^    hcuji'ani^      Jj    J   a.    <a 

i  ^  0 


92  Letter  of  Frederic  William  Maitland. 

jAu'i/i   ok  .     Sed     now    Clidff     ^d    /t/oy    \/ijzi  ^ 

LiMtUidt     ^AvK    ^     clvll'^^c    4tttJrrTCfncf  Jl'^^e^'^^'i^ 

J  it'll  (A/ t     yrt  , 

T.    V    HfudeuKcL- 


U  Ilk  IT.    iff.  iPe^>if^Z^x^\. 


Address  of  Charles   C.  Harrison,  93 

Provost  Harrison,  introducing-  the  orator  of  the  day, 
His  Excellency,  Wu  TlNG-FANG,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  from  China  to  the  United 
States,  then  spoke  as  follows  : 

The  University  of  Pennsylvania  has  now  conferred 
its  highest  honorary  degree  upon  learned  and  distin- 
giiished  representatives  of  many  nations,  differing-  in  their 
customs,  their  manners,  their  arts  and  modes  of  life,  in 
their  jurisprudence  and  in  their  religions.  Nations  in  in- 
fancy and  in  age  ;  Saxon,  Latin,  Mongolian  and  our  com- 
posite American  ;  living  under  the  civil  and  the  common 
law ;  accepting  the  teachings  of  Confucius  and  Mencius 
and  the  Holy  Scriptures  of  Christians. 

The  oldest  has  come  to  meet  with  the  youngest  at 
the  University  gates — our  open  doors — with  that  sympa- 
thy of  love  of  country  and  love  of  learning  which  may 
give  expression  to  mutual  respect,  and  to  a  prayer  for 
peace  to  men,  of  good  will,  upon  this  University  Day  of 
ours — the  birthday  of  Washington. 

Upon  the  men  of  our  own  kin,  upon  those  whom  Ox- 
ford and  Cambridge  have  sent  across  the  sea — upon  those 
ancient  universities  and  all  they  represent — we  have  placed 
the  red  and  blue  ribbon,  our  own  symbol — in  token  of  a 
fellowship  which  we  believe  must  last  as  the  three  univer- 
sities themselves  shall  last.  If  the  imperial  German  unity 
which  now  exists  is  the  fruit  uf  a  unity  t)f  German  thought, 
created  by  her  university  scholars,  we,  here  and  in  our 
m(^ther  country,  may  have  greater  motive  to  greater  effort 
in  our  universities  for  like  concord  of  educated  men.  To 
them  and  their  sons  and  their  influence  are  due  all  that 
make  a  nation  free — the  enfranchisement  of  the  people, 
the  prom(jti(jn  of  elementary  education,  the  reform  of 
prisons,  the  abolition  of  slavery.  To  Englantl,  to  Oxford 
and  Cambridge,  we  return  to-day  our  measure  full  of 
academic  and  loyal  tribute.  The  millennium  ot  her  great 
King  Alfred,  at  the  royal  city  of  Winchester,  will  not  be 
forgotten  by  us  of  this  University. 


94  Address  of  Charles  C.  Harrison. 

To  the  President  of  the  Repubhc  of  Mexico,  repre- 
sented in  the  person  of  his  Ambassador,  the  University 
has  given  its  highest  honorary  degree  for  the  public  ser- 
vice he  has  rendered  during  many  years  to  his  own  coun- 
try, and,  in  consequence,  to  the  family  of  nations.  Under 
that  firm  hand,  learning  has  been  fostered,  public  and 
private  enterprises  encouraged,  order  maintained  where 
disorder  ruled  ;  a  nation  growing  daily  in  public  respect ; 
science  and  letters  and  industry  pursuing  their  ways  in 
paths  of  peace,  because  thought  and  opinion  have  been 
released  from  the  fetters  of  many  generations.  Younger 
than  we  in  such  a  national  history,  Mexico  has  a  past 
whose  records  refuse  to  be  interpreted,  and  an  ancient 
architecture,  the  wonder  and  despair  of  the  present. 

And  what  shall  I  say  of  our  own  countrymen  ?  We 
have  sought  to  honor  them  for  the  things  which  they 
have  done.  The  scales  of  justice  have  been  held  with  no 
unsteady  hand ;  luminous  and  lustrous  has  been  the  ad- 
ministration of  the  law,  and  patient  and  calm  the  confi- 
dence of  the  people  in  its  wisdom.  "Justice  is  the  great 
interest  of  man  on  earth.  It  is  the  ligament  which  holds 
civilized  beings  and  civilized  nations  together.  Wherever 
her  temple  stands,  and  so  long  as  it  is  duly  honored, 
there  is  a  foundation  for  social  security,  general  happi- 
ness and  the  improvement  and  progress  of  our  race." 
So  Webster  said. 

To  no  less  claim  of  merit  has  the  teacher  of  its 
science  and  art  his  rightful  due,  than  the  judicial  interpre- 
ter of  the  law.  While  we  may  claim  the  earliest  effort 
and  purpose,  another  university,  the  senior  amidst  us  all 
in  these  United  States,  has  the  honor  of  being  the  first  to 
establish  a  continuing  School  of  Law.  And  that  school 
has  had  two  heads,  so  renowned  for  their  success  in  pur- 
pose and  administration  that  England  comes  to  Harvard 
University  for  guidance  in  the  teaching  of  the  law.  That 
school  has  been  the  Mecca  of  students  of  the  law,  the 
fruitful  mother  of  bench  and  bar,  imposing  new  standards 


Address  of  Charles   C.   Harrison.  95 

upon  those  for  which  there  were  now  nor  time  nor  place. 
The  elder  Dean  had  been  already  remembered  well  by 
his  own  University  after  his  years  of  service.  The  younger 
Dean  we  have  welcomed  here  to-day,  in  recognition  of 
his  undying  work — and  we  trust  to  welcome  him  in  the 
future,  as  the  two  schools  shall  draw  like  two  magnets, 
with  increasing  force  of  merit. 

In  proper  recognition  of  the  influence  so  well  known 
and  so  well  received  at  the  Ottoman  Court,  we  have  been 
glad  to-day  to  welcome,  quick  upon  his  return  to  his  native 
shores,  the  Minister  of  the  United  States  at  Constantino- 
ple. So  clear  in  his  office  has  he  been,  and  so  accept- 
able in  his  ways,  that  other  nations  have  not  hesitated  to 
ask  for  the  influence  his  intellect  and  personality  had  won. 
And  we,  too,  but  return  in  tardy  fashion  a  debt  of  recog- 
nition, for  we  have  never  failed  a  friend  at  all  times  dur- 
ing the  years  of  this  University's  great  work  between  the 
Tigris  and  the  Euphrates. 

Your  E.xcellency,  we  welcome  you  in^t  only  as  the 
orator  of  the  day,  but  as  illustrative  of  the  highest  de- 
velopment of  Oriental  civilization,  come  in  peaceful  re- 
lations, through  many  years,  with  the  influence  of  the 
best  culture  which  Europe  and  America  may  offer. 

What  an  apt  occasion  for  comparison  and  reflection! 
We  call  our  city  venerable,  and  our  University  venerable, 
at  whose  bidding  so  many  have  come  to-day.  It  was 
yesterday  that  we  dedicated  a  noble  university  building  to 
a  noble  science.  It  is  but  as  of  yesterday  that  Washing- 
ton here  received  his  honorary  degree,  and  here  dedicated 
in  its  simpler  home  the  teaching  of  the  law  by  James 
Wilson.  A  score  of  years  back  of  the  birthday  of  the 
senior  living  trustee  of  this  University  spans  that  whole 
bridge  of  time.  Hut  a  few  years  more  remote  and  the 
place  where  this  great  city  stands  was  a  town  site.  No 
one  lived  ncjrth  or  west  of  the  "Old  Huilding"  at  Fourth 
and  Arch  street.s,  whose  convenience  might  be  regardi'd, 
so  that  the  clock  to  have  been  cstablisheil   in   the  frame 


96  Address  of  Charles   C.  Harrison. 

tower   was   to   have   had   but   two   dials — to  south  and 
east. 

China  has  lived  her  4,000  years,  patient,  pastoral,  im- 
mobile ;  seeking,  hitherto,  no  answer  to  the  question.  Who 
is  my  neighbor ;  wishing,  indeed,  until  now,  not  to  be 
asked  that  question.  The  United  States,  restless,  inquisi- 
tive, impatient,  progressive,  achieving  results  in  a  century 
at  which  the  observer  marvels,  but  of  which  ourselves 
take  not  the  time  to  think,  seeks  admission  to  the  Celes- 
tial Kingdom,  and 

"  Upon  the  very  border  stand 
Of  that  fair  promised  land." 

We  know  that  our  rigorous  laws,  severely  interpreted, 
give  us  slight  cause  for  favor  or  friendship.  But  we  have 
asked  you  to  address  us,  at  this  University,  with  the  hope 
of  instruction  as  to  ways  in  which  these  two  nations  may 
come  into  contact  and  not  to  conflict. 

When  the  best  brain  of  this  country  is  governed  by 
the  enlightenment  of  the  universities,  reform,  conserva- 
tive and  yet  progressive,  is  inevitable.  And  a  public  sen- 
timent may  be  created  by  the  universities  even  more  en- 
lightened, because  more  courageous  than  their  own. 

For  your  learning,  and  for  your  public  and  national 
services,  we  have  clothed  you,  then,  with  our  highest  aca- 
demic honors  and  with  symbolic  colors — the  red  and  the 
blue — under  which  our  University  strives  to  realize  the 
highest  purposes.  We  feel  that,  loyal  to  your  native 
land,  you  will,  henceforth,  be  a  worthy  son  of  Pennsyl- 
vania. 

And  so  we  greet  you  to-day  with  the  prayer  that  the 
colors  of  our  own  country,  the  red  and  the  blue  and  the 
white,  may  typify  in  the  first  two  the  policies  of  justice 
and  enlightenment,  and  in  the  last 

"  The  white  flower  of  a  blameless  life," 
in  all  our  national  measures. 


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Address  of  \Vu  Ting-fang.  97 

His  Excellency,  the  Chinese  Minister,  spoke  on  "The 
Proper  Relations  of  the  United  States  to  the  Orient,"  as 
follows  : 

Two  years  ag-o  to-day  the  President  of  the  United 
States  delivered  the  oration  before  you,  and  last  year  one 
of  the  most  prominent  and  learned  scholars,  the  Hon. 
Seth  Low,  was  your  orator.  To  succeed  these  eminent 
men  in  this  distinq^uished  role  is  indeed  a  great  honor ; 
but  when  it  is  considered  that  this  is  the  first  time  the 
privilege  of  addressing  you  on  Washington's  birthday  has 
been  accorded  to  a  foreigner,  you  will  understand  how 
proud  and  grateful  I  feel  on  this  occasion.  I  am  inclined 
to  take  this  high  compliment  not  as  a  recognition  of  any 
individual  merit  I  may  possess,  but  as  a  striking  example 
of  the  friendly  feeling  shown  to  the  country  which  I  have 
the  honor  to  represent.  To  the  spirit  of  expansion  also, 
unless  I  am  mistaken,  which  pervades  the  whole  country, 
I  attribute  this  departure  from  the  usual  custom ;  and  as 
the  United  States  has  extended  its  territory  to  the  Far 
East,  it  is  but  natural  that  a  great  and  leading  University 
like  this  should  catch  the  contagion,  and  invite  the  repre- 
sentative of  a  neighboring  country  to  undertake  this 
pleasant  and  honorable  task.  The  custom  of  observing 
Washington's  birthday  by  this  University  as  "  University 
Day"  is  a  praiseworthy  one.  For  the  last  two  thousand 
years,  the  birthday  of  Confucius,  the  great  sage  of  China, 
has  been  every  year  observed  in  all  the  colleges  of 
China  ;  and  as  your  nation  is  young  and  your  people  are 
patri(jtic,  it  is  fitting  that  you  should  follow  the  examj)le 
of  an  older  nation  by  keeping  green  the  memory  of  "  The 
Father  of  His  Country."  It  is  particularly  fitting  for  the 
University  of  Pennsylvania,  in  whose  city  Washington 
established  the  Federal  government  and  became  the  first 
president  of  the  nation,  to  commemcjrate  every  year  his 
birthday. 

The  observance  of  the  anniversary  serves  to  recall  to 
the  minrl  of  thf  jicoplc  the  noble  character  of  the  hero,  to 


98  Address  of  Wu  Ting-fang. 

hold  up  his  Hfe  as  an  inspiration  to  the  nation,  and  to  in- 
fuse the  whole  country  with  the  spirit  of  patriotism. 

The  name  of  George  Washington  is  by  no  means 
unknown  in  China.  To  every  student  of  modern  history 
his  life  and  achievements  are  familiar.  To  be  able  to 
combine  thirteen  small  states  into  a  harmonious  union  for 
the  purpose  of  carrying  on  a  long  and  costly  war  with  a 
powerful  country,  to  establish  a  stable  government,  and 
to  found  a  new  nation  on  a  firm  basis, — all  this  excites 
the  admiration  of  my  countrymen  who  have  read  the 
history  of  the  United  States.  He  was  not  only  a  great 
soldier  but  a  great  statesman  also,  for  he  laid  down  the 
sound  principles  of  government  which  might  serve  as 
guides  for  other  nations  as  well  as  for  this  republic.  It 
may  seem  at  first  sight,  paradoxical  to  say  that  we  Chi- 
nese hold  Washington  in  higher  estimation  for  what  he 
did  not  do,  than  for  what  he  actually  did,  for  his  country. 
History  has  given  us  innumerable  examples  of  great 
warriors,  eminent  statesmen,  devoted  patriots  whom  we 
regard  with  wonder  and  respect.  Such  are  Csesar,  Crom- 
well, Napoleon,  and  many  others  that  may  be  named. 
But  where  can  we  find  another  instance  of  entire  subor- 
dination of  personal  ambition  to  the  public  welfare  ?  The 
love  of  power  which  is  innate  to  every  man  seems  in  his 
case  to  have  been  controlled  by  a  higher  sense  of  public 
duty.  We  know  that  he  carried  the  war  of  American 
independence  to  a  successful  issue,  accepted  the  unani- 
mous call  of  a  grateful  nation  to  be  its  chief  magistrate, 
and  after  holding  that  high  position  just  long  enough  to 
put  the  Ship  of  State  in  a  proper  and  good  condition,  he 
voluntarily  stepped  down  from  the  pinnacle  of  power 
without  the  least  regret.  He  might  have  taken  a  differ- 
ent course.  He  might  have  remained  in  power  to  the 
end  of  his  days.  The  very  fact  that  he  was  master  of  his 
ambition,  and  not  its  slave,  stamps  him  as  a  truly  great 
man.  The  only  historical  characters  I  can  think  of  who 
resemble  Washington  in  this  respect  are  Yao  and  Shun. 


Address  of  \Vu  Ting-fang.  99 

These  two  great  monarchs  reigned  in  China  from  B.  c.  2357 
to  2206,  and  during  their  respective  reig"ns  the  people  en- 
joyed perfect  peace  and  prosperity.  The  virtues  and  ben- 
evolent sway  of  these  two  celebrated  rulers  have  been  held 
to  this  day  in  China  as  models  for  succeeding  occupants 
of  the  throne,  as  immortalizing  the  following  proverb  : 
*' Yao's  benevolence  was  as  universal  as  heaven,  and 
Shun's  virtue,  as  resplendent  as  the  sun."  It  was  the 
golden  age  of  China  ;  and  after  the  lapse  of  four  thousand 
years  their  memory  is  still  held  in  great  veneration  by 
their  grateful  countrymen.  The  noble  character  of  these 
two  sovereigns,  as  was  the  case  with  Washington,  was 
conspicuous  by  a  zealous  devotion  to  the  welfare  of  their 
people,  and  by  a  sacrifice  of  their  self-interest  and  ambi- 
tion. Each  left  his  throne,  not  to  his  sons  but  to  the 
worthiest ;  or  in  other  words,  the  choice  of  the  people. 
The  principle  of  selection  thus  established  was  only  re- 
vived by  Washington,  and  has  since  been  followed  in 
this  country. 

Though  it  is  not  more  than  125  years  ago  when  Wash- 
ington founded  this  young  republic  with  thirteen  states, 
she  has  since  so  enlarged  her  boundaries  that  the  country 
is  now  composed  of  forty-five  states  and  half-a-dozen 
territories.  Through  the  logical  course  of  recent  events, 
she  has  acquired  territory  far  beyond  this  continent,  and 
become  practically  a  neighbor  of  China.  It  gives  me  the 
greatest  pleasure  to  say  that  the  relations  between  the  two 
countries  are  the  most  friendly  and  cordial ;  and  I  venture 
to  express  with  confidence  the  hoj^e  that  the  fact  of  the 
United  States'  ac(|uiring  the  Philippines  will  not  onlv  not 
disturb  thosp.  amicable  relations,  but  will  have  the  effect 
of  yet  cementing  them  more  friendly  and  closely.  With 
such  intelligent  people  as  those  of  the  United  States, 
whose  [)olicy  as  voiced  the  other  day  by  tiie  Postmaster- 
General  in  his  speech  in  New  York,  is  not  territorial  ex- 
pansion, but  only  the  expansion  of  trade  and  commerce, 
the  relations  of  this  countrv  with  China,  and  indeed   with 


100 


Address  of  Wu  Ting -fang. 


all  the  other  nations  in  Asia,  cannot  be  otherwise  than 
cordial.     This  being  the  case,  it  is  naturally  expected  that 
I  should  express  my  views  as  to  how  the  best  relations 
can  be  maintained.     I  do  this  willingly,  feeling  sure  that 
what  I  shall  say  will  be  received  in  the   same   friendly 
spirit  in  which  it  is  given.     The   first  advice    I    would 
venture  to  offer  is  the  importance  of  a  clear  understand- 
ing  of   the   situation.     Whether   in  diplomatic  or  com- 
mercial business,  it  is  equally  essential.     It  should  always 
be  borne  in  mind  that  the  customs,  manners,  language, 
mode  of  education  and  way  of  thinking  in  Asia,  are  not 
similar  to   those  in    the  West :    consequently  the  Orien- 
tals   think  and    act  in  ways  entirely  different  from  their 
brethren  in  the  West  under  similar  circumstances.     To 
judge  the  action  of  an  Asiatic  by  an  American  or  Euro- 
pean standard  is  a  grievous  mistake.     I  have  seen  costly 
litigations  carried  on  for  months  in  law  courts  between 
Chinese  and  Europeans  simply  through  misunderstand- 
ing.    I  have  seen  bloody  wars  arise  from  the  same  cause. 
Each  nation  in  those  cases  felt  that  it  had  been  insulted,  and 
considered  the  incident  a  casus  belli.     If  the  points  of  dif- 
ference had  been  properly  explained,  and  if  what  each 
nation  imagined  to  be  an  insult  could  have  been  clear  that 
no  such  thing  was  intended,  the  matters  in  dispute  could 
have  been  amicably  arranged,  and   no  war  would  have 
ensued.     But  each  nation  was  stubborn  and  tenacious  in 
its  own  opinion,   each  judging  the  other  from  its   own 
standpoint.     One   of  the  first  requisites  towards  main- 
taining proper  relations  with  the  Orientals,  therefore,  is  to 
understand  their  ideas,  and  to  judge  them  not  by  your 
standard,  but  by  theirs.     This  is  as  much  applicable  to 
commercial  and  social  intercourse  as  to  diplomatic  and 
international  affairs.     Let  me  give  a  common  illustration. 
In  China  when  a  gentleman  meets  another  for  the    first 
time,  it  is  usual  for  both  to  ask  each  other's  age,  and  other 
personal   questions.     It   would   be  a  mistake   to   regard 
such  conduct  as   rude   and    insulting,    as  would  be  the 


Address  of  \Vu  Ting-fang.  ioi 

case  in  this  country.  The  asking-  of  such  questions 
shows  the  interest  of  the  questioner  in  his  new  acquain- 
tance, and  is  done  with  the  best  of  intentions  ;  therefore,  it 
should  be  considered  no  more  an  insult  than  an  inquiry 
after  one's  health.  A  perfectly  innocent  action  can  be 
easily  misinterpreted  to  be  a  wrong-ful  act.  To  do  justice 
to  an  Oriental,  you  should  not  judge  his  action  by  what 
you  would  naturally  think  of  it,  but  ascertain  his  motive 
for  the  act,  and  judge  him  by  his  own  standard.  This 
rule  cannot  be  too  often  emphasized  in  your  intercourse 
with  the  people  in  the  Far  East,  as  by  its  observance 
many  disagreeable  contretemps  and  misunderstandings 
may  be  avoided. 

I  must  acknowledge  that  your  diplomatic  and  con- 
sular officers  in  China  have  thus  far  acquitted  themselves 
well,  considering  the  disadvantageous  position  in  which 
they  are  placed.  Most  of  the  European  Governments 
send  young  men  to  the  East  to  learn  the  language  and 
study  the  customs  of  the  country.  After  a  residence  of 
two  or  three  years,  when  they  prove  themselves  pro- 
ficient, after  passing  a  strict  examination,  they  are  then 
placed  in  responsible  positions  as  student  interpreters, 
consular  assistants,  etc.  Merit  is  rewarded  by  promo- 
tic^n.  Thus  those  governments  have  competent  men 
specially  fitted  for  service  in  the  Orient.  It  may  not  be 
unwise  for  your  government  to  adopt  a  similar  system. 
It  gives  me  much  pleasure  to  hear  that  this  University, 
ever  foremost  in  all  educational  movements,  has  an- 
nounced a  plan  for  a  special  school  of  commercial  and 
diplomatic  training,  intended  to  qualify  students  for 
business  employment  or  public  service  in  the  East.  This 
is  a  step  in  the  right  directi(jn.  I  trust  that  in  the  near 
future  all  Americiins  who  go  to  the  East,  especially  to 
my  country,  whether  in  commercial  pursuits,  or  in  diplo- 
matic or  consular  service,  will  have  had  training  in  that 
school,  or  any  other  scho(3l  of  a  similar  standing.  While 
upon  this  topic,  I  may  be  permitted  to  make  a  suggestion 


I02  Address  of  Wu  Ting-fang. 

on  a  kindred  subject.  I  think  that  if  a  Chair  of  the 
Chinese  Language  and  Literature  should  be  estabHshed, 
it  would  prove  very  useful,  not  only  in  teaching  the  Chi- 
nese language  to  those  students  wishing  to  learn,  but  it 
might  be  the  means  of  diffusing  information  on  all  matters 
relating  to  China.  I  have  heard  that  both  the  Univer- 
sities of  Yale  and  Harvard  had  such  a  professorship  in 
Chinese  some  years  ago,  but  as  there  were  very  few  stu- 
dents, the  vacancy  in  each  case  was  not  filled  after  the 
death  of  the  first  holder.  But  the  times  have  changed. 
In  view  of  your  rapidly  increasing  commerce  and  trade 
with  China,  and  in  view  of  your  important  political  posi- 
tion there,  the  question  is  whether  it  is  not  worth  your 
while  to  found  a  Chair  of  the  Chinese  Language  and 
Literature  in  this  University.  I  throw  out  the  suggestion 
for  the  consideration  of  the  Provost  and  officers  of  this 
great  institution. 

Constant  intercourse  between  the  East  and  the  West 
of  necessity  requires  a  common  medium  of  communica- 
tion.    The  story  of  Babel  has  a  moral  to  it.     It  was  the 
confusion  of  tongues  that  scattered  the  people  of   the 
earth  toward  the  four  winds.     Reverse  the  process,  and 
you  will  bring  the  nations  of  the  world  together.     In  the 
days  of  the  Cohungs,  when  the  millions  of  the  people  of 
the  Chinese  Empire  were  brought  into  contact  with  the 
outer  world  only  at  a  few  points,  and  when  buying  and 
selling  furnished  the  only  opportunity  for  an  interchange 
of  ideas,  it  was  found  imperative  that  some  means  should 
be  devised  for  making  the  wants  of  each  side  known  to 
the  other.     Thus  the  jargon  known  as  "  pigeon  English  " 
(that  is,  business  English)  came  into  extensive  use.     This 
is    "  neither   fish,  flesh   nor   fowl,"  as   far   as   extending 
among  languages  goes.     But  it  has  served  a  useful  pur- 
pose, in  that  it  has  enabled  the  Chinese  and  the  foreigner 
to  understand  each  other  sufficiently  to  do  such  business 
as  has  brought  them  together  for  the  last  fifty  years. 
The  expansion  of  commerce  at  the  present  day,  however, 


Address  of  Wu  Ting-fang.  103 

demands  a  better  and  more  accurate  vehicle  of  expression. 
Transactions  involving  thousands  of  dollars  cannot  be 
left  to  conjecture,  but  the  rights  and  obligations  of  the 
parties  must  be  defined  in  terms  that  convey  a  clear  and 
well-understood  meaning.  In  all  the  ports  and  important 
centres  of  the  East  the  English  language  seems  to  hold  a 
position  in  the  school  and  in  the  counting-house  such  as 
no  other  language  can  claim.  It  is  spoken  in  the  streets 
of  Shanghai  as  well  as  in  those  of  Hong  Kong.  It  is 
taught  in  the  schools  of  Yokohama  as  well  as  those  of 
Singapore.  Chinese,  Japanese,  Germans,  Russians  and 
Frenchmen  alike  make  use  of  it  in  their  business  offices, 
in  their  clubs,  and  in  their  family  circles.  In  short,  it  may 
be  called  the  commercial  language  of  the  Orient.  Signs 
are  not  wanting  that  point  to  its  ultimate  adoption  as  an 
international  language.  It  must  not  be  understood  that 
I  am  particularly  partial  to  the  English  language.  I  only 
wish  to  see  some  language  selected  by  common  consent 
as  an  international  language  to  be  used  when  people  of 
different  tongues  have  dealings  with  each  other.  This 
would  save  a  great  deal  of  time  and  trouble.  Life  is 
short  at  best,  and  the  time  that  is  devoted  to  the  study 
of  modern  languages  nowadays  might,  with  greater 
profit,  be  employed  in  the  acquisition  of  some  useful 
branches  of  knowledge.  In  order  to  fill  the  requirements 
of  an  international  language,  it  seems  to  me  that  the 
English  language,  if  adopted  as  such  from  its  general  use, 
might  be  first  modified  and  improved  in  a  great  many 
ways.  Foreigners,  for  instance,  are  unanimous  in  con- 
demning the  atrocious  manner  in  which  words  are  spelled 
in  English.  I  need  not  point  out  to  you  how  many  words 
a  single  sound  sometimes  represents.  This  is  a  matter  of 
your  daily  e.xperience  and  must  come  home  to  you  often- 
times with  great  force.  I  venture  to  suggest  that  if  you 
were  to  lop  off  all  the  excrescences  from  your  words,  such 
as  the  "  ue  "  in  "  catalogue,"  and  adojjt  the  |)honetic  sjx'll- 
ing   altogether,  you    would    spare    many  an    unfortunate 


/ 


I04  Address  of  Wu  Ting-fang. 

foreigner  the  trials  and  tribulations  he  has  to  face  at  every 
step.  In  these  days  of  electricity  and  steam,  men  of  business 
cannot  find  time  to  master  all  the  intricacies  of  a  foreign 
language.  The  case  is  different,  of  course,  with  scholars 
who  devote  their  lives  to  study  and  meditation.  In  order 
to  meet  the  demands  of  the  times,  a  language  must  be  so 
simplified  that  foreigners  can,  without  too  much  expen- 
diture of  time  and  labor,  acquire  it  for  all  practical 
purposes,  before  it  can  secure  universal  adoption.  If, 
therefore,  English  is  to  maintain  the  ground  it  has  gained 
in  the  Orient,  it  must  be  modified  and  improved  on  the 
lines  I  have  indicated.  As  the  American  people  generally 
take  the  lead  in  every  movement  of  progress  and  reform, 
I  hope  this  question  of  improving  the  English  language 
will  not  be  neglected.  Indeed,  I  regard  it  as  a  hopeful 
sign  that  in  writing  the  word  "  programme,"  the  useless 
"me"  are  frequently  left  out,  and  the  letter  "f "  is  sub- 
stituted for  "ph"  in  "photography."  A  congress  of 
university  professors  and  school  teachers  should,  1  ven- 
ture to  suggest,  be  convened  to  take  up  this  question,  so 
that  a  simple  and  uniform  system  of  spelling  and  com- 
munication may  be  adopted. 

The  opening  of  the  magnificent  building  for  the  Law 
Department,  which  took  place  yesterday,  is  an  important 
event  in  the  history  of  this  University ;  and  I  am  glad 
that  I  was  able  to  be  present  at  the  ceremonies.  I  take 
a  peculiar  interest  in  this  department.  Recognizing  the 
value  of  a  knowledge  of  common  law  and  international 
law,  I  went  to  England  to  pursue  my  legal  studies ;  and 
I  had  the  satisfaction  of  being  the  first  Chinese  who  be- 
came a  member  of  the  legal  profession  in  the  western 
world.  When  I  see,  therefore,  the  splendid  edifice  within 
whose  walls  the  students  are  to  pore  over  their  Blackstone, 
Kent,  Wheaton,  and  other  authorities,  I  am  forcibly  re- 
minded of  my  student  days  in  a  similar  institution  in  Lon- 
don. China  has  adopted  the  law  of  collision  at  sea  which 
is  in  force  in  the  western  world.      International  law  is 


Address  of  Wu  Ting-faxg.  105 

much  studied  in  China,  and  most  of  the  standard  works 
on  that  subject  have  been  translated  into  Chinese.  Whea- 
ton  and  Woolsey  are  used  as  text-books,  and  are  fre- 
quently cited  as  authorities  in  solving  difficult  questions. 
International  law  is  founded  on  the  principles  of  justice, 
and  every  nation  should,  as  far  as  possible,  conform  to  it; 
but  if  it  should  be  more  honored  in  the  breach  than  the 
observance,  then  its  study,  I  fear,  would  be  soon  neglected 
by  students.  I  trust,  however,  that  day  will  never  come, 
at  least  in  our  generation. 

The  sudden  possessions  of  new  and  vast  territories  in 
the  East,  with  a  population  of  ten  million,  composed  of 
thirty  different  races,  speaking  as  many  languages,  pre- 
sents problems  of  a  most  serious  character  for  solution, 
and  naturally  taxes  to  the  utmost  all  the  ingenuity  which 
even  statesmen  of  a  high  order  possess.  Hitherto  your 
attention  has  been  confined  to  this  continent,  and  the 
government  of  so  large  an  alien  population  in  another 
part  of  the  world  is  a  new  experiment.  No  wonder  vari- 
ous schemes  for  their  government  are  proposed  ;  and  the 
delay  in  coming  to  a  decision  indicates  your  cautiousness 
and  unwillingness  to  commit  a  blunder.  With  the  intel- 
ligence and  common  sense  of  the  American  people,  I  have 
no  doubt  a  right  conclusion  will  be  arrived  at.  The  policy 
of  a  wise  statesman  would  be  not  to  enact  laws  for  the 
newly  acquired  possessions,  without  thoroughly  studying 
the  local  requirements  and  peculiar  circumstances,  or  to 
extend  the  laws  of  the  mother  country  which  might  be 
unsuited  to  the  condition  of  the  new  territories.  No  un- 
necessary change  in  the  existing  laws  and  customs  should 
be  made.  No  encouragement  whatever  should  be  given 
to  the  ill  feeling  of  one  race  or  class  against  another ;  no 
step  sh(juld  be  taken  to  please  or  conciliate  one  class  in 
the  community  at  the  expense  or  to  the  detriment  of 
another  class  ;  no  race  or  class  legislation  should  be  toler- 
ated. The  policy  of  the  new  ruling  power  should  be 
strictly  impartial,  fair  and  just ;  no  interference  with  long 


io6  Address  of  Wu  Ting- fang. 

standing  customs  should  be  allowed  unless  they  are  cruel 
or  injurious  to  good  morals.  Education  is  a  great  re- 
former, and  if  free  schools  are  established,  similar  to  the 
excellent  public  schools  in  this  country,  great  results  may 
be  expected.  This  republic  is  young,  and  this  is  the  first 
time  she  has  acquired  colonies  10,000  miles  away.  The 
experience  is  novel  to  her.  Theories,  however  excellent, 
are  not  safe  guides,  especially  in  matters  of  legislation 
and  government  with  respect  to  an  alien  race,  and  if 
errors  should  be  committed,  the  consequences  might  be 
very  serious.  It  is  no  disgrace  to  turn  for  some  lessons 
to  those  powers  which  have  had  experience  in  the  ad- 
ministration of  colonies.  England  and  France  have 
acquired  possessions  in  Asia,  the  former  possessing  terri- 
tories which  are  not  far  from  the  Philippines,  and  having 
had  to  solve  problems  similar  to  those  with  which  you  are 
confronted.  If  a  commission  should  be  sent  to  those 
colonies  to  investigate  the  systems  of  government  in 
actual  operation,  to  study  the  experiments  which  have 
proved  successful,  and  to  find  out  what  legislative  enact- 
ments have  been  found  suitable  to  the  Asiatic  people, 
this  government  would  be  able  to  learn  some  useful  les- 
sons and  at  least  to  avoid  making  mistakes  which  might 
afterwards  be  regretted  and  difficult  to  correct.  The 
United  States  has  now  become  an  important  factor  in  the 
Far  East,  not  only  on  account  of  her  newly  acquired 
possessions  there  but  also  on  account  of  her  steadily 
increasing  commerce  with  the  nations  in  Asia.  It  be- 
hooves her  to  adopt  a  line  of  policy  commensurate  with 
the  importance  of  the  situation.  Last  December  I 
attended  one  of  the  numerous  exercises  in  commemora- 
tion of  the  death  of  Washington.  The  orator  strongly 
advised  the  audience  to  read  Washington's  farewell  ad- 
dress, remarking  that  he  thought  that  not  ten  per  cent  of 
that  audience  had  ever  seen  that  document.  I  took  the 
hint,  and  upon  my  return  from  that  meeting  availed 
myself  of  the  first  opportunity  to  peruse  the  address.     It 


Address  of  \Vu  Ting-fang.  107 

was  indeed  full  of  good  advice.  What  struck  me  most 
was  the  foresiy^ht  and  transcendent  wisdom  exhibited  in 
every  Hne  of  that  address.  For  a  foreign  poHcy  what  can 
be  grander  than  these  words :  "  Observe  good  faith  and 
justice  toward  all  nations.  Cultivate  peace  and  harmony 
with  all."  This  should  be  written  in  letters  of  gold,  and 
serve  as  a  guide  to  every  nation  in  the  world.  It  corre- 
sponds in  effect  to  what  Confucius  inculcated  when  he 
said  :  "  Let  your  words  be  sincere  and  truthful  and  your 
policv  honorable  and  just."  This  good  counsel  of 
Washington  has  been  a  potent  factor  in  shaping  the 
policy  of  this  country,  and  warding  of?  foreign  encroach- 
ments. W'hen  it  became  universally  known  that  the 
policy  of  this  young  republic,  as  foreshadowed  by  its 
founder,  was  that  of  keeping  good  faith  and  cultivating 
peace  and  harmony  with  all  nations,  a  favorable  impres- 
sion was  naturally  created  far  and  wide.  All  nations 
perceived  that  this  country  was  pursuing  a  just  policy, 
and  did  not  dare  to  give  the  American  people  any  cause 
of  ofTence.  And  twenty-seven  years  afterwards,  when 
President  Monroe  issued  his  caveat  against  foreign 
aggressions  on  the  American  continents,  it  was  tacitly 
acquiesced  in  by  all  foreign  powers.  Why  ?  Because  it 
was  founded  on  principles  of  justice  and  self-protection. 
It  was  not  entirely  a  new  doctrine,  but  a  liberal  interpreta- 
tion of  the  sound  principles  laid  down  by  Washington. 
So  to  secure  the  recognition  of  the  "open  door"  in  China 
by  the  great  powers,  which  has  recently  been  brought 
about  by  your  government  through  the  able  Secretary  of 
State,  is  not  a  departure  from,  but  a  continuation  of,  your 
traditif)nal  policy. 

The  question  now  arises  whether  it  is  not  time  for 
this  country  to  extend  the  Monroe  Doctrine  to  Asia.  The 
Philippine  Islands  are  situated  on  the  outskirts  of  Asia, 
and  may  be  said  to  be  at  the  very  door  of  that  continent. 
If  it  wjis  necessary  for  President  Monroe  to  declare  any 
attempt  to  encroach  uj)on  any  portion  of  the  American 


io8  Address  of  Wu  Ting- fang. 

continents,  extending  over  six  thousand  miles  from  Alaska 
to  Patagonia,  as  dangerous  to  your  peace  and  safety, 
what  shall  you  say  to  this  when  you  find  that  the  main- 
land of  Asia  is  not  more  than  six  hundred  miles  distant 
from  the  Philippines?  If  it  was  thought  proper  not  to 
allow  Puerto  Rico,  or  any  of  the  islands  on  this  side  of  the 
Atlantic,  to  pass  into  the  possession  of  any  foreign  power, 
would  it  be  advisable  to  look  with  indifference  on  any  en- 
croachments on  the  mainland  of  Asia,  especially  the  east- 
ern portion,  which  is  nearer  to  Manila  than  Puerto  Rico 
to  Florida?  I  do  not  apprehend  any  encroachment  will 
take  place.  But  the  Monroe  Doctrine,  being  the  fixed 
policy  of  your  government,  the  natural  logic  is  that  it 
should  be  applied  to  that  part  of  the  world  where  this 
country  has  possessions.  This  policy  is  by  no  means  a 
selfish  one,  but,  as  I  have  already  remarked,  is  founded  on 
justice  and  self-protection  ;  and  if  persistently  carried  out 
it  will  tend  greatly  to  the  preservation  of  peace  wherever 
it  is  enforced. 

I  am  far  from  making  light  of  the  services  of  the  army 
and  navy  of  this  country,  whose  bravery  has  recently  ex- 
cited the  admiration  of  the  world,  and  whose  deeds  have 
won  undying  fame.  It  must,  however,  be  admitted  that 
skill  in  warfare  and  bravery  in  action  may  conquer  terri- 
tory ;  but  to  govern  newly  acquired  dominion  peacefully, 
and  win  the  hearts  of  a  people  belonging  to  a  different 
race,  calls  for  the  administrative  ability  and  sagacity  of  a 
statesman.  The  pen  is  mightier  than  the  sword.  The 
dictum  of  Mencius,  one  of  our  ancient  sages,  is  still  true 
when  he  says,  "  A  king  can  conquer  the  world  by  brute 
force,  but  he  cannot  keep  it  without  justice  and  righteous- 
ness." In  this  country  there  is  no  lack  of  able  men  who 
can  steer  the  Ship  of  State  in  a  straight  and  undeviating 
course,  keeping  clear  of  shoals  and  rocks.  Even  in  this 
hall  I  see  around  me  men  who  have  become  famous  in  the 
different  professions  to  which  they  belong ;  men  high  in 
office,  who  impartially  administer  the  law  and  who  scrupu- 


Address  of  \Vu  Ting-fang.  109 

lously  protect  the  interests  of  the  people.  The  affairs  of 
the  nation  are  safe  in  such  excellent  hands.  In  this  vast 
audience  there  are  many  undergraduates  who  are  now 
enjoying  the  privilege  of  preparing  themselves  in  this 
great  seat  of  learning  for  the  noble  but  arduous  work 
which  they  will  before  long  be  called  upon  to  perform  for 
their  country  at  home  or  abroad.  Whatever  positions 
they  may  be  required  to  fill,  no  doubt  they  will  discharge 
their  duties  faithfully,  and  with  credit  to  themselves  and 
with  honor  to  their  country.  Happy  is  America,  that  can 
boast  of  so  many  sons  who  are  growing  up  to  take  part 
in  the  affairs  of  the  nation.  In  the  hands  of  men  who 
have  received  training  in  this  noble  institution,  where 
grand  truths  and  sound  principles  of  government  are 
taught,  this  young  but  great  nation  will  certainly  con- 
tinue to  prosper,  and  the  Star-Spangled  Banner  will  be 
not  only  the  symbol  of  liberty  and  freedom,  but  also  the 
emblem  of  justice  and  righteousness. 


The  "University  Day"  e.xercises  closed  with  the  sing- 
ing of  the  University  hymn  "  Hail  Pennsylvania." 

Words  by  Edgar  M.  Dii.ley,  '97  College. 

Hail  !  Pennsylvania,  Majesty  as  a  crown, 

Noble  and  strong!  Rests  on  thy  brow; 

To  thee  with  loyal  hearts  Pride,  Honor,   Glory,  Love, 

We  raise  our  song.  Before  thee  bow. 

Swelling  to  Heaven,  loud  Ne'er  can  thy  spirit  die, 

Our  praises  ring:  Thy  walls  decay: 

Hail:  Pennsylvania,  Hail!  Pennsylvania, 

Of  thee  we  sing!  For  thee  we  pray  ! 

Hail  !   Pennsylvania, 

Guide  of  our  youth  I 
Lead  thou  thy  children  on 

To  light  and  truth  ; 
Thee,  when  death  summons  us, 

Others  shall  praise: 
Hail  I   Pennsylvania, 
Through  endless  days  I 


no  Dedication  of  Price  Hall. 

The  Historical  Society  of  Pennsylvania  held  a  recep- 
tion at  the  close  of  the  exercises  at  the  Academy,  which 
was  largely  attended  by  guests  of  the  University. 

After  luncheon  had  been  served  the  guests  were  con- 
ducted through  the  handsome  rooms  of  the  Society,  and 
viewed  the  rare  paintings  and  manuscripts  collected  dur- 
ing the  past  three-quarters  of  a  century. 

The  afternoon  of  Thursday  was  devoted  to  an  in- 
spection of  the  University  grounds  and  buildings,  the 
Deans  of  the  various  faculties  receiving  and  conducting 
the  visitors  through  their  respective  departments.  At 
four  o'clock  the  Pennsylvania  Debating  Union  held  a  re- 
ception in  the  Law  School  Building,  music  by  the  Glee, 
Mandolin  and  Banjo  clubs  of  the  University  adding  to 
the  enjoyment  of  the  occasion. 

The  reception  over,  the  guests  assembled  for  the 
dedication  of  Price  Hall,  in  the  new  law  building,  as  the 
permanent  home  of  the  Pennsylvania  Debating  Union. 

The  orator  of  the  occasion,  HAMPTON  L.  CARSON, 
LL.  D.,  of  the  Philadelphia  bar,  was  introduced  by 
Provost  Harrison,  who  spoke  as  follows : 

Ladies  and  Gentlemen:  It  is  a  matter  of  peculiar  per- 
sonal pleasure  to  me  to  be  present  this  afternoon  at  the 
dedication  of  Price  Hall. 

When  I  was  quite  a  young  man  I  entered  the  ser- 
vices of  the  University  as  a  trustee,  and  I  found  that  body 
full  of  eminent  men — men  without  whom  the  history  of 
Philadelphia  could  not  be  written.  Of  that  number  at 
that  time  was  Mr.  Eli  K.  Price,  even  then  venerable  in 
years,  I  have  known  both  himself,  Mr.  Eli  K.  Price,  and 
his  son,  Mr.  John  Sergeant  Price,  for  many  years.  Both 
of  them  were  full  of  public  service  and  service  to  the  Uni- 
versity of  Pennsylvania.  Mr.  Hampton  L.  Carson,  of  this 
city,  has  been  friendly  to  the  family  and  has  naturally 
been  called  upon  to  deliver  the  address  of  dedication  at 
this  time,  not  only  in  dedication  of  the  Hall  itself  to  the 
memory  of  the  father  and  his  son,  but  also  in  memory  of 


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Address  of  Hampton  L.   Carson.  hi 

the  founder's  children,  which  is  the  memorial  on  the  part 
of  the  children  to  the  services  of  their  ancestor,  I  have 
the  very  great  pleasure  in  introducing  to  you  Mr.  Hamp- 
ton L.  Carson,  the  orator  of  the  afternoon. 

Mr.  Carson's  Address. 

Mr.  P}-ovost,  Ladies  and  Gctitlcmen:  This  hall  is  dedi- 
cated to  the  memory  of  Eli  Kirk  Price,  a  Trustee  of  the 
University  of  Pennsylvania  from  1869  to  1884,  and  of  his 
son,  John  Sergeant  Price,  president  of  the  Central  Com- 
mittee of  the  Alumni  of  the  University  from  1882  to  1897, 
and  president  of  the  Society  of  the  Alumni  of  the  Law 
Department  from  1890  to  1897. 

As  I  look  forth  from  this  rostrum,  the  forms  and  faces 
of  those  estimable  men  appear  to  my  mental  vision  as 
distinctly  as  though  they  were  present  in  the  flesh.  Be- 
hold !  One  of  them  a  tall,  spare,  venerable  man,  of  more 
than  eighty  years  of  age,  with  clear  penetrating  eyes  be- 
neath shaggy  eyebrows,  and  with  a  high  forehead 
crowned  with  locks  which  swept  his  shoulders  and  as 
white  as  the  driven  snow  ;  the  other,  a  sturdy,  thick-set 
man  of  but  little  more  than  middle  age,  with  a  winning 
smile,  a  rich,  deep  voice,  and  a  heartiness  of  manner 
which  warmed  you  to  the  core.  They  were  my  friends  ; 
they  were  the  friends  of  my  father,  and  the  duty  which  I 
discharge  this  afternoon  is  a  labor  of  love.  They  were 
men  of  note  in  their  day  and  generation  ;  men  of  ability, 
of  influence,  of  usefulness,  of  character,  of  integrity  and 
renown.  While  alive,  they  were  respected  by  all  who 
knew  them,  and  the  memory  of  their  sterling  worth  is 
cherished  by  many  friends.  They  were  simple,  unobtru- 
sive, modest  men  ;  they  led  clean,  wholesome  and  honor- 
able lives.  They  toiled  incessantly  for  the  public  good,  but 
sought  none  of  the  rewards  of  office.  They  were  lawyers 
of  unusual  attainments,  who  lived  up  to  the  best  tradi- 
tions of  the  profession,  who  never  soiled  their  palms,  or 
dimmed  the  record  of  an  honorable  calling  bv  a  single  act 


112  Address  of  Hampton  L.  Carson. 

which  would  bring  scarlet  to  the  cheek  of  the  most  sensi- 
tive. To  profound  professional  knowledge  they  added 
an  extensive  acquaintance  with  philosophy  and  science. 
The  elder  man  was  remarkable  for  the  breadth  and  depth 
of  his  insight  into  all  matters  affecting  our  civic  welfare ; 
while  the  younger  one  devoted  himself  unselfishly  to  the 
promotion  of  numerous  public  charities.  Their  descend- 
ants are  worthy  of  their  ancestry,  and  it  is  to  their  munifi- 
cence that  we  owe  this  beautiful  hall,  which  is  henceforth 
to  be  the  permanent  home  of  the  Pennsylvania  Debating 
Union. 

Mr.  Eli  K.  Price  was  born,  two  years  before  the 
death  of  General  Washington,  in  the  neighborhood  of  the 
battle-ground  of  Brandywine,  and  his  boyish  eyes  fre- 
quently looked  upon  scenes  which  have  become  classic 
in  our  Revolutionary  annals.  He  was  a  sturdy  youth, 
of  Welsh,  Irish  and  German  descent ;  his  German  ances- 
tors coming  from  the  Palatinate  of  the  Rhine.  At  twelve 
years  of  age  he  was  so  hardened  by  the  labors  of  the 
farm  that  he  was  able  to  reap  with  a  sickle  his  day's 
work  of  twelve  sheaves,  but  he  became  impatient  of  the 
narrow  horizon  which  hemmed  him  in,  and,  to  use  his 
own  language,  he  escaped  from  the  farm  to  enter  the 
counting-room.  He  was  employed  by  the  well-known 
commercial  house  of  Thomas  P.  Cope,  then  engaged  in 
foreign  trade,  whose  packets  were  the  largest  ships  at 
that  time  afloat,  and  one  of  them  I  believe  exists  to-day, 
engaged  in  the  petroleum  trade.  From  thirteen  to  at 
least  nineteen  years  of  age  he  devoted  himself  to  the 
study  of  commercial  interests,  and  occasionally  would 
look  into  books  on  commercial  law  and  the  law  of  ship- 
ping. His  attention,  however,  became  diverted  little  by 
little  from  purely  mercantile  pursuits,  until  he  found  him- 
self attracted  to  the  office  of  a  great  lawyer,  to  whose 
memory  he  felt  that  he  could  pay  no  more  honest  tribute 
of  heartfelt  respect  than  to  name  after  his  preceptor  his 
own  son,  John  Sergeant.     Mr.  Seargent  was  at  that  time 


Address  of  Hampton  L.  Carson.  113 

associated,  so  far  as  public  estimation  was  concerned,  on 
fair  and  equal  terms  with  Horace  Binney.  In  fact,  any- 
one whose  mind  travels  back  to  the  great  names  in  that 
generation  which  reflect  lustre  upon  the  Philadelphia  bar 
would  naturally  say  "  Sergeant  and  Binney."  When  Mr. 
Sergeant  went  to  Congress,  Mr.  Price  was  a  rising  lawyer, 
who,  having  had  the  advantages  of  personal  instruction 
in  Mr.  Sergeant's  office,  familiarity  with  his  methods, 
acquaintance  with  his  clients,  and  ample  knowledge  of  the 
details  of  current  litigation,  took  the  whole  burden  on  his 
young  shoulders  of  conducting  successfully,  until  his  dis- 
tinguished leader's  return,  a  vast  and  varied  practice. 
These  matters  occur  to  me  with  much  of  personal  interest, 
for  it  was  my  good  fortune  to  read  law  in  the  very  of^ce, 
so  far  as  the  building  was  concerned,  of  the  great  John 
Sergeant.  The  book-cases  were  still  there  which  had 
held  volumes  once  conned  by  Mr.  Price,  the  portraits 
which  hung  on  the  wall  recalled  the  memories  of  great 
men  and  pure  citizens,  and  I  often  thought  of  the  influ- 
ences under  which  Mr,  Price  laid  the  foundation  of  his 
professional  usefulness  and  renown.  But  it  was  not  alto- 
gether in  the  field  of  commercial  law,  which  was  Mr. 
Sergeant's  leading  line  of  business,  that  Mr.  Price  was 
destined  to  succeed.  His  attention  was  soon  directed  to 
the  more  difficult  branch  of  real  estate,  and  it  is  no  dis- 
credit to  any  of  his  predecessors  or  successors  to  say  that 
he  became  in  the  fullness  of  time  the  ablest  real  estate 
lawyer  that  the  bar  of  Philadelphia  ever  produced.  In 
fact,  Mr.  Price's  signature  to  a  brief  of  title  was  far  more 
highly  thought  of  than  the  policies  issued  by  the  great 
real  estate  title  insurance  companies.  Mr.  Price's  single 
brain  carried,  stored  within  its  cells,  all  the  e.xtraordinary, 
accumulated,  and  detailed  learning  which  is  now  a  part 
of  the  corporate  plant  of  every  title  company  in  the  city. 
If  ever  there  was  a  man  who  knew  accurately  the  history 
of  titles  from  the  time  of  Penn  to  the  present  day,  wh(^ 
could  run  out  all  the  ramifications,   whether  by  deed,   by 


1 14  Address  of  Hampton  L.  Carson. 

descent,  or  by  special  devise,  together  with  all  the  nice 
distinctions  arising  from  subtle  interpretations  of  the 
courts,  it  was  Mr.  Price,  whose  advice,  sought  upon  all 
occasions,  and  whose  judgment,  relied  upon  by  all  clients, 
was  frequently  appealed  to  in  settlement  of  matters  as 
arbitrator,  where  his  individual  sagacity  was  preferred  by 
business  men  to  the  chances  of  litigation  in  the  courts. 
No  wonder,  then,  that  by  the  time  he  had  reached  the 
age  of  fifty-three  years  he  stood,  without  rising  on  his  toe 
tips,  with  head  and  shoulders  in  line  with  the  tallest  men 
in  the  foremost  ranks  of  the  profession.  A  demand 
was  then  made  upon  him  for  a  public  service  which 
this  generation  and  generations  yet  unborn  will  learn 
to  value  as  one  of  the  most  remarkable  obligations 
on  the  part  of  posterity  to  a  purely  professional  man  that 
it  has  been  the  duty  of  professional  annalists  to  record. 
Reluctantly — he  says  it  himself — he  yielded  to  a  call 
by  his  fellow-citizens  to  allow  his  name  to  be  used  as  a 
candidate  for  the  State  Senate  in  the  year  1851.  The 
condition  of  affairs  prevailing  in  the  city  of  Philadelphia 
at  the  time  was  peculiar.  It  is  not  now  recalled  except 
by  the  memory  of  a  venerable  man,  now  nearly  one  hun- 
dred years  of  age,  who  still  lingers  on  the  scene,  who  was 
cherished  as  a  colaborer  in  the  Senate,  a  partner  in  many 
struggles  entered  into  for  the  public  good — I  mean  the 
venerable  Frederick  Fraley,  a  man,  who,  with  Mr.  Price, 
headed  the  poll  on  an  independent  ticket,  for  the  purpose 
of  emancipating  the  city  of  Philadelphia  from  the  chains 
which  bound  her.  It  is  a  curious  chapter  in  our  munici- 
pal history.  Philadelphia  proper  was  then  but  two  miles 
square,  consisting  of  twelve  hundred  and  eighty  acres  of 
ground,  extended  from  South  to  Vine  streets,  and  from 
the  river  Delaware  to  the  Schuylkill.  Outside  of  this 
there  were  nine  distinct  districts,  such  as  Spring  Garden, 
Kensington,  the  Northern  Liberties,  Southwark  and  Rox- 
borough.  There  were  also  thirteen  distinct  boroughs  and 
four  townships,  and  each  of  them  was  under  a  separate 


Address  of  Hampton  L.  Cakson.  115 

form  of  government.  The  county  was  split  into  numer- 
ous fragrnents,  each  boasting  of  its  sovereignty.  There 
were  frequent  riots  and  bloodshed  in  the  streets,  citizens 
were  massacred  because  of  hatred  of  men  of  color  or  re- 
ligious antipathies,  while  conflagrations  were  kindled  by 
contending  factions  of  firemen  for  the  entertainment  of 
visiting  strangers.  Philadelphia  holidays  were  graced  by 
free  fights  in  the  streets,  by  the  burning  of  churches, 
or  the  riots  of  1844  ;  the  scenes  were  reenacted  of  the  Via 
Appia  in  the  old  days  of  Rome,  when  the  faction  of  Milo 
contended  with  that  of  Claudius,  and  when  criminals  who 
had  violated  the  laws  and  ordinances  of  the  citv  of  Phila- 
delphia  found  immunity  in  escaping  over  an  imaginary 
line  on  the  north  side  of  Vine  street.  The  mighty 
energies  of  the  municipality  were  paralyzed  ;  her  enter- 
prises were  dwarfed,  and  became  pinched  for  want  of 
sustenance  and  air.  Philadelphia,  which  had  been  the 
leading  city  of  the  continent,  the  federal  capital  in  the 
days  of  the  Revolution,  the  metropolis  of  the  Washington 
and  Adams  administrations,  pined  and  shrank  until  it  be- 
came the  fourth  city  in  the  Union.  Clear-sighted  men 
foresaw  that  a  public  service  could  be  rendered  to  this 
great  county  similar  in  character  to  that  performed  by  the 
Federal  Convention,  when  out  of  thirteen  separate  sover- 
eignties there  was  organized  and  evolved  a  national  gov- 
ernment for  the  boundless  territory  of  the  Republic.  Mr, 
Price  was  tall  enough  "  to  see  the  tops  of  distant  thoughts 
which  men  of  common  stature  never  saw,"  and  looking 
far  into  the  future  he  saw  the  skies  brightening  with  the 
glow  of  promise.  At  the  sacrifice  of  his  own  individual 
convenience,  at  the  loss  of  great  professional  emolument, 
at  the  earnest  solicitation  of  a  non-partisan  representation 
of  the  citizens,  he  consented  to  an  election  to  the  State 
Senate.  No  words  of  mine  can  add  force  to  those  which 
Horace  Binnev  used  in  a  letter  written  to  his  own  son, 
when  he  heard  that  Mr.  Price's  candidacy  was  spoken  of, 
or  can  exceed  them  in  fitness  of  eulogy. 


ii6  Address  of  Hampton  L.  Carson. 

•'  I  should  think  your  battle  would  be  half  won  if  you 
could  place  Eli  K.  Price's  name,  with  his  consent,  at  the 
head  of  your  list.  His  name  is  a  pledge  already  given, 
and  not  likely  to  be  forfeited,  for  qualities  specially  neces- 
sary at  such  a  time  and  on  such  an  occasion  :  experience 
in  civil  affairs,  general  knowledge,  talents,  integrity,  moral 
courage,  constancy  and  conscientiousness.  He  has  more- 
over, great  practicahiess  and  facility  that  enable  him  to 
impress  other  minds  with  his  own  convictions." 

Needless  to  say  the  ticket  was  successful,  and  the 
Consolidation  Act  of  1854,  the  second  great  charter  of  our 
city,  the  precursor  of  the  Bullitt  Bill,  was  passed  largely 
through  his  efforts  ;  and  what  was  the  effect?  The  great 
territories  which  stretched  out  on  every  side,  consisting 
of  vacant  fields  and  dilapidated  buildings,  suddenly,  as 
though  from  a  stroke  of  the  enchanter's  wand,  sprang  up 
into  a  great,  thriving,  beautiful  and  evergrowing  metrop- 
olis. The  city  of  Philadelphia  became  the  jeweled  bride 
of  the  Commonwealth.  Many  years  afterwards,  looking 
beyond  the  scene  of  his  achievements,  and  peering,  as  old 
men  gifted  with  a  touch  of  prophecy  sometimes  do,  far 
into  the  future,  Mr.  Price  predicted,  as  I  believe  no  other 
man  has  yet  done,  that  the  day  is  not  distant  when  Mont- 
gomery and  Chester  and  Delaware  counties  will  knock  at 
the  doors  of  Philadelphia,  and  pray  that  all  the  prosperous 
boroughs  and  thriving  townships  which  lie  between  here 
and  Downingtown,  and  from  Chester  to  Bristol,  should  be 
embraced  under  one  charter  of  municipal  government, 
which  will  cause  the  life-blood  of  a  great  community  to 
pulsate  through  widely  articulated  veins. 

A  great  statesman  was  this  quiet  Quaker  lawyer.  A 
great  public  benefactor,  most  modest  man  that  he  was. 
Then,  taking  his  pen,  and  giving  to  the  public,  without 
fee  or  hope  of  reward,  not  even  covetous  of  the  benedic- 
tions which  now  rise  to  the  lips  of  generations  which  call 
him  "  blessed,"  he  sat  down  and  penned  that  great  statute 
for  the  unfettering  of  our  titles,  known  as  the  Price  Act, 


Address  of  Hampton  L.  Carson.  117 

which  has  stricken  off  the  fetters  which  shackled  our  real 
estate,  and  which,  in  the  language  of  one  of  our  great 
jurists,  has  introduced  more  in  the  way  of  practical  reform 
into  the  law  than  anything  that  has  occurred  since  the 
days  of  the  great  case  of  Taltarum. 

It  was  my  privilege  to  be  present  at  a  dinner  given  by 
the  Bar  of  Philadelphia  when  Chief  Justice  Sharswood 
retired  from  the  bench,  and  laid  aside  the  ermine  which 
he  had  worn  so  spotlessly  and  without  reproach  for  many 
years.  Seated  on  his  right — I  can  see  him  now — with 
eager,  earnest,  benignant  face,  was  Mr.  Price,  who  gazed 
at  the  magistrate  who  had  put  into  the  lasting  form  of 
judicial  expression  the  principles  which  he  himself  had 
formulated  in  the  office  or  had  stated  at  the  Bar,  and  the 
Chief  Justice,  turning  to  the  venerable  leader,  said,  "  Mr. 
Price  was  not  what  in  England  would  have  been  called  a 
conveyancer,  but  he  is  fit  to  rank  with  the  great  names  of 
Booth,  of  Fearne,  of  Preston  and  of  Hargrave."  On  the 
opposite  side  of  the  table  sat  the  most  renowned  of  Eng- 
lish barristers,  then  visiting  this  country,  Mr.  Sergeant 
Ballentvne,  a  man  who  went  all  the  wav  to  India  to  defend 
the  Gukwar  of  Baroda,  who  rose  and  said  that  in  the  whole 
course  of  his  professional  career — and  he  had  been  present 
at  many  meetings  of  the  Bar  at  Lincoln's  Inn,  in  the 
Middle  Temple,  and  at  Gray's  Inn — he  could  not  recall 
anvthing  more  touching  than  the  manner  in  which  the 
veteran  leader  faced  the  great  Chief  Justice,  and  the  Chief 
Justice  paid  tribute  to  the  integrity  and  character  of  the 
leader. 

I  remember  also  entering  a  crowded  hall,  now  some 
thirty  years  ago,  where  there  was  a  tumultuous  assem- 
blage. It  was  in  the  old  wigwam  in  the  northern  part  of 
the  city.  A  speech  was  to  be  delivered  by  the  renowned 
orator  of  the  black  race,  Frederick  Douglass,  and  there 
was  great  an.xiety  on  the  part  of  all  present  to  hear  him. 
Mr.  Price  arose  to  address  the  meeting,  and  among  the 
younger  generation   there   were  but  few  who  knew  who 


ii8  Address  of  Hampton  L.  Carson. 

he  was,  and  some  disturbance  occurred  because  of  the 
eagerness  to  hear  Douglass.  The  noise  rose  almost  to 
the  point  of  tumult ;  Mr.  Price,  with  the  trembling  voice 
of  great  age,  was  unable  to  control  it,  when  the  chairman 
of  the  meeting  rose,  and  in  tones  which  penetrated  to  the 
utmost  recesses  of  the  hall,  said :  "  Gentlemen,  there  are 
many  of  you  who  were  not  alive  when  the  gentleman 
who  is  now  addressing  you  was  a  faithful  and  an  honored 
public  servant.  I  simply  mention  his  name  in  this  pres- 
ence. The  man  who  is  now  speaking  is  Eli  K.  Price." 
Instantly  the  feeling  of  respect  was  such  that  there  was  a 
hush  through  the  hall,  and  for  fifteen  minutes  the  most 
rapt  attention  was  paid  to  the  words  of  one  fast  verging 
on  eternity ;  words  of  political  wisdom,  words  of  cheer^ 
words  which  thrilled  the  hearts  of  that  vast  audience, 
because  all  recognized  that  largely  owing  to  Mr,  Price's 
courageous  and  persistent  advocacy  of  the  cause  of  free- 
dom it  had  become  possible  for  a  black  man  to  speak 
without  insult  or  rebuke  before  an  audience  in  Phila- 
delphia. 

Mr.  Price  did  not  devote  his  attention  entirely  to 
professional  pursuits.  As  he  threw  on  the  shoulders  of 
his  affectionate  son  the  burden  of  the  cares  of  a  great 
office  business,  he  turned  his  eyes  to  those  shining  heights 
of  science  and  philosophy  on  which  thinkers  love  to 
dwell,  particularly  as  they  are  near  the  closing  scenes  of 
life.  Before  the  American  Philosophical  Society,  before 
the  American  Numismatic  Society  he  read  papers  and 
discussed  the  current  science  of  the  day.  I  recall  the 
titles  of  his  papers,  "  The  Glacial  Epoch,"  "  Some  Phases 
of  Modern  Philosophy  ;  "  and  with  a  lawyer's  well-trained 
faculties,  which  enabled  him  in  discussion  to  balance  evi- 
dence and  apply  rules,  he  accomplished  a  task  which 
surprised  many  persons  by  demonstrating  that  a  lawyer 
was  interested  in  much  beyond  the  limits  of  his  own 
profession. 

His  love  of  plants  and  trees  found  full  expression  in 


I 


Address  of  Hampton  L.  Carson.  i  19 

his  work  in  Fairmount  Park,  where,  as  a  commissioner,  he 
labored  hard  upon  the  estabHshment  of  the  Michaux  Grove. 
He  himself  described  the  significance  of  a  mound  which 
he  himself  erected,  standing-  over  here  within  a  stone's 
throw  of  the  campus,  a  rockery,  in  the  shape  of  a  clover 
leaf,  giving-  us  an  interesting  geological  description,  thus 
indicating  the  extraordinary  character  of  his  attainments 
and  the  range  and  versatility  of  his  mind.  In  1884,  in  his 
eight\'-eighth  year,  he  passed  away. 

The  burden  of  a  great  business  fell  on  the  shoulders 
of  his  son,  John  Sergeant  Price,  a  man  who  easily  sus- 
tained the  distinction  of  a  great  name. 

Mr.  John  Sergeant  Price  was  not  as  frequently  in  the 
courts  as  some  of  the  other  advocates  if  we  confine  our 
attention  simply  to  the  Courts  of  Common  Pleas,  but  in 
the  Orphans'  Court,  the  Court  of  Probate,  I  think  it  safe 
to  say  that,  during  the  years  in  which  he  appeared  there, 
but  few  practitioners  more  frequently  or  substantially 
assisted  the  judges  in  the  discharge  of  their  arduous  and 
intricate  duties.  But  few  counselors  ever  gave  to  a  court 
the  fruits  of  learning  in  such  abundance.  No  man  ever 
discharged  his  debt  to  his  profession  with  more  unselfish 
and  untiring  persistence.  But  few  men  ever  poured  forth 
upon  the  records  such  a  profuse  display  of  varied  ability 
to  deal  with  complicated  accounts,  with  intricate  settle- 
ments, and  forms  of  entail.  He  carried  in  his  heart  and 
in  his  head  the  precepts  and  the  learning  of  his  father. 

As  a  man  and  as  a  citizen,  he  illustrated  many  types 
of  excellence.  He  was  robust  in  his  friendships,  earnest 
in  his  advocacy  of  plans  for  public  improvements,  and 
stern  in  his  denunciations  of  wrong.  He  wrote  his  name 
on  the  records  of  no  less  than  eighteen  public  charities, 
and  during  twenty  years  served  as  a  member  of  numer- 
ous committees,  and  presided  over  the  meetings  of  the 
Central  Committee  of  the  Alumni  and  the  Alumni  of  the 
Law  Department.  He  was  never  known  to  absent  him- 
self from  a  single  meeting  or   to   send   a   single  line   of 


I20  Address  of  Hampton  L.  Carson. 

excuse  for  nonperformance  of  duty ;  he  was  a  man  the 
fullness  of  whose  affectionate  nature  folded  about  him  the 
warmest  sympathy  and  loyalty  of  his  friends. 

Such  were  they,  father  and  son,  whom  we  honor 
to-day.  The  characters  of  some  men  are  made  of 
granite  ;  those  of  others  seem  to  be  but  sand  and  clay. 
In  the  action  and  interaction  of  the  wild  waves  of  life, 
which  sweep  in  stormy  surges  through  the  lives  of  most 
professional  men,  all  the  perishable  parts  are  washed 
away,  and  there  appear  the  rock-ribbed  hills,  which  stand 
for  firmness,  for  integrity,  for  nobility  of  aims,  on  whose 
sides  can  be  seen  inscribed,  in  characters  to  be  read  by 
all,  the  lessons  of  their  lives ;  and  as  they  recede  in  that 
haze  of  years  which  pass  one  by  one  like  cloud-rifts 
before  us,  finally  the  illumined  summits  appear  on  which 
the  eyes  love  to  linger,  because  they  point  to  an  atmos- 
phere of  holiness. 

Gentlemen  of  the  Pennsylvania  Debating  Union,  it 
is  in  memory  of  good  men  that  this  hall  is  founded.  Of 
what  use  is  it  to  talk  of  the  examples  of  noble  lives,  or 
of  the  deeds  of  those  who  have  "  crossed  the  bar,"  unless 
we  have  ourselves  a  fixed  determination  to  make  our 
conduct  a  fair  pattern  of  theirs,  and,  in  the  language  of 
Goethe,  "  So  act  that  the  rules  of  our  lives  shall  become 
the  principles  of  eternal  law."  Here  on  this  floor  you 
will  contend  in  debate.  You  will  discuss  many  strange 
and  arduous  questions.  The  problems  of  the  world  are 
not  yet  solved,  and  new  situations  are  presented  every  day. 
As  I  listened  this  morning  to  that  admirable  address  in 
the  Academy  of  Music  from  the  lips  of  an  Oriental,  dis- 
cussing, in  our  own  tongue  and  without  an  accent  to 
betray  a  foreign  origin,  not  only  the  great  problems  of 
the  present,  but  forecasting  the  probable  issues  of  the 
future,  I  felt  that  no  academic  occasion  of  the  last  hun- 
dred years  was  more  significant  of  results.  An  Oriental 
talking  in  the  Occident !  How  long  will  it  be  before  a 
man    from    this    great,    growing,     struggling   Western 


Address  of  Gerard  Brown  Finch.  121 

Republic  will  talk  in  the  Orient  in  the  tongue  of  Wu 
Ting- Fang-?  What  message  have  we  for  the  children  of 
the  sun  ?  How  many  subjects  of  debate  are  suggested 
by  that  single  thought,  which  must  be  worked  out  and 
discussed  here !  Remember,  gentlemen,  it  is  not  dex- 
terity in  debate,  nor  satisfaction  in  fleshing  your  sword 
in  the  argument  of  your  adversary,  nor  simply  skill  in 
dialectics  that  you  are  alone  to  acquire.  You  must  search 
for  truth,  absolute  truth.  If  we  learn  aright  the  lessons 
so  impressively  taught  us,  not  only  by  the  addresses  and 
the  ceremonies  of  the  last  few  days,  but  by  the  lives  of 
the  men  whose  memories  we  to-day  clasp  to  our  hearts, 
we  must  feel  that  there  can  be  no  nobler  self-sanctification 
than  to  the  cause  of  our  God,  our  country,  and  truth. 

Provost  Harrison  then  introduced  MR.  GERARD 
Brown  Finxh,  the  representative  of  the  University  of 
Cambridge.     Mr.  Harrison  spoke  as  follows  : 

Ladies  and  Gcntlcmoi:  During  these  two  days  to 
which  Mr.  Carson  has  just  referred,  days  so  interesting  to 
us  all,  vte  have  received  the  congratulations  of  the  Uni- 
versities of  O.xford  and  Cambridge,  and  have  had  the 
p'easure  of  listening  to  an  address  by  Sir  Charles  Arthur 
Roe.  This  afternoon  we  have  the  pleasure  of  listening  to 
Mr.  Finch,  representing  Cambridge  University,  and  it  is  a 
happy  circumstance  that  the  first  speech  in  this  building 
upon  the  progress  of  the  law  will  be  from  the  distinguished 
guest  frcjm  Cambridge.  I  have  the  very  great  pleasure 
of  introducing  to  you  Mr.  Gerard  Brown  Finch. 

Mr.  Finch's  Address. 

I  have  to  express  my  great  regret  that  I  have  not 
had  time  to  prepare  on  any  department  of  tlu'  law  an 
address  suitable  to  this  important  occasion,  wliich  has 
drawn  together  eminent  Judges  and  Professors  from  all 
parts  of  the  United  States.  But  I  ought  not  to  let  the 
establishment   and  dedication  of  the  new   law  school  of 


122  Address  of  Gerard  Brown  Finch. 

this  University  pass  without  a  few  observations  on  some 
points  connected  with  the  law  of  England,  that  seem  to 
me  interesting  and  important ;  and  I  feel  assured  that 
my  few  almost  extemporized  remarks  will  receive  a  kind 
indulgence  at  your  hands. 

The  field  of  our  common  law  is  one  of  vast  interest 
to  the  student.  The  law  furnishes  the  framework  in 
which  society  exists.  The  cases  that  are  dealt  with  in 
the  courts  reveal  to  us  details  of  the  daily  life  and  mutual 
relations  of  the  people  in  the  times  in  which  they  arise ; 
and  the  remedies  afforded  mark  the  stage  of  development 
of  its  legal  and  ethical  sense. 

But  it  is  not  as  I  have  said  of  any  department  of  the 
law  that  I  wish  to  speak ;  but  in  considering  the  develop- 
ment of  the  law  there  are  two  features  which  are  of 
especial  interest  to  me,  one  of  them — paradoxical  as  it 
may  sound — is  a  process  of  reversion,  reversion  to  the 
ancient  political  ideas  of  the  Anglo-Saxon  race ;  the  other 
is  an  outcome  of  the  moral  growth  of  the  people.  I  can 
not  now  venture  far  into  either  of  these  features  of  our 
legal  history,  but  I  will  cite  one  or  two  instances.  In  the 
year  1894  an  Act  was  passed  with  these  provisions  : 

sec.  I  There  shall  be  a  parish  meeting  for  every  rural 

parish,  and  there  shall  be  a  parish  council  for  every 
rural  parish  w^hich  has  a  population  of  300  or 
upwards. 

sec.  2  'pj^g  parish  meeting  shall  consist  of  the  parochial  % 

electors,  namely,  the  persons  registered  in  the  local 
government  register  or  the  parliamentary  register 
of  electors. 
sec.  6  There  were  transferred  to  the  parish  council : 

(a)  The  powders,  duties  and  liabilities  of  the 
vestry  and  of  the  churchwardens,  except  so  far 
as  related  to  the  affairs  of  the  Church ;  of  the 
overseers ;  power  to  make  representations  with 
regard  to  unhealthy  dwellings,  and  with  regard 
to  allotments, 
sec.  7  'Pq   j-j^g   parish    meeting   was   given    power   to 

adopt : 


sec.  8 


sec.  9 


Address  of  Gek.ard  Brown  Finch.  123 

(a)  The  Lig-hting-  and  Watching-  Act.  1833  ; 
(d)  The    Baths   and    W'ashhouses   Acts   from 
1846  to  1882; 

l^f)  The  Burial  Acts  from  1852  to  1885  ; 
(</)  The  Pul)lic  Improvements  Acts,  i860; 
(<')  The  PubHc  Libraries  Act,  1892. 

The  parish  council  also  had  conferred  on  it 
power — 

(a)  to  acquire  iiuildings  for  offices,  etc.  ; 
(d)  to  ac(]uire  land  for  such  buildings  and  for 
a  recreation  ground  ; 

(r)  to  take  charge  of  and  improve  any  recre- 
ation ground,  village  gfreen,  or  open  space  ; 

{e)  to  utilize  any  well,  spring  or  stream  within 
their  parish,  and  provide  facilities  for  obtaining 
water  therefrom  ; 

(//)  to  accept  and  hold  any  gifts  of  property, 
real  or  personal,  for  the  benefit  of  the  inhabi- 
tants. 

Power  was  conferred  to  obtain  land  by  compul- 
sion through  the  intermediation  of  the  County 
Council,  and,  with  the  consent  of  that  Council  and 
of  the  Local  Government  Board,  to  borrow  money. 

And  powers  of  administration  with  regard  to 
charities  (other  than  ecclesiasdcal)  for  the  benefit 
of  the  inhabitants  of  any  rural  parish,  were  given 
to  the  parish  council. 

Now,  Mr.  Freeman,  inj'the  three  lectures  which  he 
published  under  the  title  of  '*  The  English  Constitution," 
saw  in  the  j^arish  vestry  "  the  unit,  the  atom,  the  true 
kernel  of  all  our  political  life."  The  origin  of  the  Parish 
is  by  many  writers  said  to  be  found  in  the  Manor,  and  the 
orig^in  of  the  Manor  to  be  found  in  the  Teutonic  Mark. 
What  was  this  Mark,  this  predecessor  of  the  jxirish  ? 

The  Mark,  in  one  respect,  was  a  separated  tract  of 
cultivated  land,  (jccupied  by  a  greater  or  less  number  of 
freemen  constituting  a  tribe,  rind  bounded  by  forests  and 
wastes,  in  which  the  tribe  had  a  common  interest,  in 
which  they  jja.stured  their  catth?  and  fed  their  swine,  cut 
v  ..  wl  f,  .1  l.uilding,  for  fn<l  and  other  |>urposes.     That  was 


•ec.  14 


124  Address  of  Gerard  Brown  Finch. 

the  basis  on  which  the  ancient  Teutonic  society  rested. 
The  Mark,  in  another  respect,  was,  to  use  Mr.  Kemble's 
words\  "  a  union  for  the  purpose  of  administering  justice, 
or  supplying  a  mutual  guarantee  of  peace,  security  and 
freedom  for  the  inhabitants  of  the  district.  In  this  organ- 
ization, the  use  of  the  land,  the  woods  and  the  waters 
was  made  dependent  upon  the  general  will  of  the  settlers, 
and  could  only  be  enjoyed  by  all  for  the  benefit  of  all. 
The  Mark  was  a  voluntary  association  of  freemen,  who 
laid  down  for  themselves  and  strictly  maintained  a  system 
of  cultivation  by  which  the  produce  of  the  land  on  which 
they  settled,  might  be  fairly  and  equally  secured  for  their 
service  and  support."  This  institution,  those  whom  we 
call  the  Anglo-Saxons,  that  is,  the  Angles,  the  Saxons  and 
the  Jutes,  brought  with  them  into  England,  and  there 
soon  came  into  existence  a  network  of  communities,  the 
principle  of  whose  being  was  separation  as  regarded  each 
other  :  the  most  intimate  union  as  respected  the  individual 
members  of  each.  But  this  was  not  all.  There  was  another 
institution,  which  consisted  of  a  number  of  Marks,  the 
union  having  been  made  for  purposes  of  a  religious, 
judicial  and  political  character.  Mr.  Kemble  says^  "  as 
the  Mark  contained  within  itself  the  means  of  doing  right 
between  man  and  man,  i.e.,  its  Markmote  ;  as  it  had 
its  principal  officer  or  judge,  and,  beyond  a  doubt,  its 
priest  and  place  of  religious  observances,  so  the  Shire  had 
all  these  on  a  larger  scale ;  and  thus  it  was  enabled  to  do 
right  between  Mark  and  Mark,  as  well  as  between  man 
and  man — could  decide  upon  the  weightier  causes  that 
affected  the  whole  community." 

I  will  give  one  more  extract  relating  to  the  ancient 
institutions  of  our  forefathers,  and  I  take  it  from  a 
translation  by  Mr.  Freeman  out  of  Tacitus,  who  has  given 
us  our  earliest  account  of  the  institutions  of  the  Teutonic, 
or,  as  he  calls  them,  Germanic   tribes.     Tacitus  says  of  |l 

^  The  Saxons  in  England,  vol.  i,  p.  54. 
"^Ibid.  vol.  I,  p.  73. 


Address  of  Gerard  Brown  Finch.  125 

them,  "  They  choose  their  kings  on  account  of  their  nobil- 
ity, their  leaders  on  account  of  their  valour.  Nor  have 
the  kings  an  unbounded  or  arbitrary  power,  and  the 
leaders  rule  rather  by  their  example  than  by  the  right  of 
command  ;  if  they  are  ready,  if  they  are  prominent,  if 
they  are  forward  in  leading  the  van,  they  hold  the  first 
place  in  honour... On  smaller  matters  the  chiefs  debate, 
on  greater  matters,  all  men  ;  but  so  that  those  things 
whose  final  decision  rests  with  the  whole  people  are  first 
handled  by  the  chiefs... It  is  lawful  also  in  the  assembly 
to  bring  matters  for  trial,  and  to  bring  charges  for  capital 
crimes... In  the  same  assembly  chiefs  are  chosen  to 
administer  justice  through  the  districts  and  villages." 

We  have,  in  the  foregoing  extracts,  a  sketch  of  the 
constitution  which  had  grown  out  of  a  self-governing,  a 
liberty-loving  race  of  free  men,  the  expression  of  their 
political  sense  and  feeling.  And  the  kingdom  which 
ultimately  became  established  in  England  lasted  in  its 
integrity  until  some  time  before  the  Norman  Conquest. 
I  say  in  its  integrity,  because  the  influence  of  the  Chris- 
tian priests,  who  came  over  from  the  Continent,  combined 
later  on  with  that  of  Norman  visitors,  began  to  work  a 
change.  Then  came  the  great  overthrow,  known  as  the 
Norman  Conquest,  and  the  imposition  upon  the  kingdom 
of  the  feudal  system.  Before  that  event  the  land  belonged 
to  the  freemen  :  after  the  conquest  it  became  vested  in 
the  king  as  lord  paramount,  and  in  the  great  lords  as  his 
superior  vassals,  who  granted  it  out  to  their  retainers  to 
be  held  subject  to  the  condition  of  the  render  of  service. 
And  whatever  of  pre-existing  institutions  was  retained, 
yet  the  change  in  the  relation  of  the  people  to  the  land, 
and  by  consequence  in  their  freedom,  was  profound  and 
far-reaching.  For  it  is  to  be  remembered,  they  were  a 
race  among  whom  their  freedom  and  the  ownershij)  of 
the  land  on  which  the  community  was  settled  were  insep- 
arably associated.  And  although  the  hi.story  of  our  insti- 
utions    records  the   removal,  bit   by    bit,    of    the    feudal 


126  Address  of  Gerard  Brown  Finch. 

system,  commerce  undermining  it  and  the  judges,  by 
their  decision,  helping  to  break  down  the  system  by 
which  the  lands  were  retained  in  the  great  families,  and 
although  the  institution  of  the  Crown,  ruling  by  and  with 
the  advice  and  consent  of  the  two  houses  of  parliament, 
had  been  firmly  established  for  centuries,  yet  the  opening 
of  the  nineteenth  century  found  the  great  mass  of  the 
people  of  England,  including  the  dwellers  in  many  large 
and  flourishing  towns,  without  any  voice  in  the  govern- 
ment of  the  land. 

Let  us  see  what  the  vestry  had  become  in  the 
middle  of  the  i8th  century,  that  institution  in  which  Mr. 
Freeman  saw,  as  I  believe  the  fact  was,  the  survival  of 
the  ancient  Teutonic  mark,  I  have  made  a  few  extracts 
from  Mr.  Shaw's  Parish  Law,  the  9th  edition  of  which 
was  published  in  1755. 

A  Vestry  is  defined  as  the  assembly  of  the  whole 
parish  met  together  in  some  convenient  place  for  the 
despatch  of  the  affairs  and  business  of  the  Parish. 

Anciently  and  at  common  law  every  parishioner  who 
paid  Church  rates,  or  scot  and  lot,  and  no  other  person, 
had  a  right  to  come  to  these  meetings. 

The  powers  of  the  Vestry  related  to  the  election  of 
Churchwardens,  Sidesmen  and  the  Beadle,  and  to  levy- 
ing rates  for  the  relief  of  the  Poor  and  to  maintain  a  fire- 
engine. 

The  duties  of  the  Churchwardens  were  to  maintain 
the  fabric  of  the  Church,  other  than  the  Chancel,  and  to 
take  charge  of  the  goods  of  the  Church.  And  they 
were  to  make  presentations  with  regard  to  all  such 
matters  as  were  presentable  by  the  laws  ecclesiastical 
of  the  realm. 

The  enumeration  of  those  matters  would  astonish 
any  one  born  in  these  days.  The  Churchwardens  were 
to  present  Almshouses,  if  abused ;  Alehouses  &c.  in 
divine  service,  Blasphemers,  if  any  ;  whether  the  Parish- 
ioners attended  Church ;  Drunkards,  if  any ;  offences  within 


Address  of  Gerard  Brown  Finch.  127 

the  scope  of  the  7th  Commandment  ;  whether  the  Sacra- 
ment was  received  three  times  a  year  by  all  above  16  ; 
"  And  lastly,  which  I  fear."  says  the  Author,  "  is  not 
dulv  minded,  whether  any,  dissenting  from  the  Church  of 
England,  do  keep  schools  without  having  subscribed  to 
the  Church  articles  and  without  having  a  licence  to  teach 
from  the  Bishop,  and  without  having  made  a  declaration 
constantlv  to  come  to  Church.  And  it  being  a  matter  of 
great  moment  to  secure  youth  from  being  corrupted 
with  ill  principles,  the  Churchwardens  are  to  do  their 
duty  therein  with  the  utmost  care." 

I  pause  to  interject  a  remark  that  here  we  are  in 
presence  of  that  spirit  of  tyranny  and  intolerance  that 
drove  so  many  earnest  souls  to  leave  their  homes  and  to 
seek  in  this  land  the  freedogi  of  worship  which  was  de- 
nied them  in  their  own  ;  a  spirit  which  under  other  forms 
at  last  drove  the  liberty-loving  colonists  to  assert  by  force 
of  arms  their  right  to  self-government,  that  political 
instinct  of  the  race. 

But,  to  return.  When  the  Local  Government  Act 
of  1894  was  passed  the  jurisdiction  of  the  ecclesiastical 
courts  in  the  matters  above  referred  to  had  been  abol- 
ished, and  the  Act  of  1894  transferred  to  the  Parish  Meet- 
ing the  small  remnant  of  secular  authoritv.  which  then 
remained  to  the  Vestry.  That  Meeting,  as  we  have  seen, 
is  now  no  longer  restricted  to  those  who  pay  church 
rates ;  but  consists  in  effect  of  all  the  householders  of  the 
Parish,  who  combine  within  their  body  the  freeholders, 
the  tenants  and  the  labourers.  The  matters  confided  to 
the  administration  of  the  Parish  Meeting  and  its  execu- 
tive, the  Parish  Council,  are  of  larger  scope  than  the 
levying  of  rates  for  the  relief  of  the  poor,  and  anvone 
who  has  been  brought  into  touch  with  the  working  of 
the  Parish  Ccjuncil,  as  I  have,  can  perceive  the  awaken- 
ing, which  is  going  on  consecjuent  upon  the  measure  of 
self-government  restored  to  the  village  communities  and 
the  sense  of  responsibility  which  its  e.xercisc  entails.     The 


128  Address  of  Gerard  Brown  Finch. 

Parish  Meeting  and  Parish  Council  represent  the  ancient 
Markmote  and  its  officers  described  in  the  extracts  I  have 
already  given, 

I  have  dealt  so  far  with  the  Parish.  After  the  Parish 
comes  the  aggregation  of  Parishes  forming  a  District, 
and  the  aggregation  of  districts  forming  a  County.  The 
Act  of  1894  established  District  Councils,  having  powers 
for  the  maintenance  of  roads  and  the  general  carrying 
out  of  the  Public  Health  Act. 

The  County  Council,  was  established  by  the  Local 
Government  Act,  1888.  Prior  to  its  passing  the  admin- 
istration of  the  County  was  vested  in  the  Magistrates  at 
Quarter  Sessions,  the  Magistrates  being  appointed  by  the 
Lord  Chancellor  on  the  recommendation  of  the  Lord 
Lieutenant  of  the  County.  All  the  administrative  powers 
of  the  Magistrates  with  many  other  important  duties  were 
transferred  by  the  Act  of  1888  to  the  Council,  a  body  no 
longer  appointed  by  the  central  authority,  but  elected  by 
the  free  voice  of  the  householders  of  the  County. 

Time  does  not  permit  me  to  speak  in  any  detail  of 
the  District  Council  constituted  by  the  same  Act  of  1894, 
or  of  the  County  Council  constituted  by  the  Local  Gov- 
ernment Act  of  1888 ;  but  the  three  Councils,  of  the 
Parish,  the  District  and  the  County  respectively,  corre- 
spond to  and.  represent  in  modern  form  the  ancient 
Courts  of  the  Mark,  the  Hundred  and  the  Shire ;  and 
they  are  a  signal  instance  of  the  re-assertion  of  the  idea 
of  self-government  which  is  the  imperishable  endowment 
of  the  Anglo-Saxon  race. 

The  various  Reform  Acts,  the  last  of  which  was 
passed  between  twenty  and  thirty  years  ago,  furnish 
another  instance  of  reversion.  Before  the  passing  of  these 
Acts  the  suffrage  was  limited  to  only  a  fraction  of  the 
people.  Their  effect  was  to  give  to  every  householder, 
whether  in  county,  city,  or  borough,  the  right  to  vote  in 
the  election  of  representatives  in  the  House  of  Com- 
mons. 


Address  of  Gerard  Brown  Finch.  129 

But,  adequately  to  deal  with  the  question  I  have 
raised,  one  should  beg"in  immediately  after  the  Conquest 
with  the  demand  made  by  the  Saxons  for  the  restoration 
of  their  ancient  laws  and  the  promise  made  by  the  Con- 
querer  to  comply  ;  a  promise  that  could  not  be  carried 
out  in  its  fulness  except  by  the  abandonment  of  the  feudal 
system,  which  was  impossible.  But  I  must  mention  two 
other  instances.  Before  the  Conquest  women  possessed 
proprietary'  rights,  which  were  lost  after  that  event. 
Under  the  Saxon  law  the  guardianship  only  of  a  woman's 
property  went  to  the  husband  on  marriage,  and  prior  to 
that  event  was  vested  in  her  father.  The  Norman  law 
merged  the  legal  existence  of  the  wife  in  that  of  her  hus- 
band ;  cad  cm  caro  vi'r  ct  tixor  was  its  maxim.  This  was 
modified  to  some  extent  in  later  times  by  the  action  of 
the  Court  of  Chancery,  allowing  property  to  be  settled  to 
the  separate  use  of  a  married  woman.  But  within  the 
last  thirty  years  the  wife  has  had  restored  to  her,  not 
merely  the  protected  ownership  of  her  property  under  the 
ancient  Teutonic  system,  hut  her  rights  are  now  as  unre- 
stricted and  free  as  those  of  a  man,  except  where  the 
donor  of  the  property  has  superadded  the  protection  of  a 
restraint  on  anticipation  during  her  married  life. 

My  last  instance  is  the  most  conspicuous  and  the 
most  convincing  of  all.  The  proposition  I  am  maintain- 
ing would  not  be  true  if  it  did  not  find  instances  in  this 
country,  and  the  instance  I  will  cite  is  the  Declaration  of 
Independence  made  in  this  City  and  the  establishment  of 
the  Constitution  of  the  United  States.  That  Declaration 
sprang  from  the  love  of  freedom  and  the  craving  for  self, 
government  which  I  have  referred  to,  and  which  are  for 
our  race  as  the  air  in  which  it  lives.  And  as  to  the  Con- 
stitution, consisting,  as  it  does,  of  a  union  of  self-governing 
States,  each  (jf  which  is  sovereign  within  its  own  ter- 
ritory and  as  regards  its  own  citizens,  but  under  the  au- 
thority and  protection  of  the  Union,  which  is  empowered 
to  do  right  between  State   and  State,  between  a  State 


130  Address  of  Gerard  Brown  Finch. 

and  a  citizen  of  another  State,  and  to  deal  with  the 
weightier  affairs  that  affect  the  whole  community,  I  say, 
we  have  in  that  Constitution,  on  a  stupendous  scale,  the 
spirit  and  general  design  of  the  Teutonic  institutions,  de- 
scribed in  the  extracts  I  have  cited,  and  brought  into 
England  by  our  common  Anglo-Saxon  forefathers. 

Ethnologists  tell  us  that  races  do  not  change  in  their 
chief  physical  or  mental  characteristics,  and  I  believe  it. 
The  pictures  in  the  tombs  of  Egypt  represent  the  fellah 
with  the  features,  and  doing  the  work,  w^hich  belong  to 
him  in  the  present  day  ;  and  the  wandering  Arabs  of  the 
deserts  in  Syria  and  Arabia  have  prolonged  to  our  own 
time  the  features,  the  manners,  and  the  customs  of  the 
contemporaries  of  Abraham  and  Lot.  The  character  of  a 
people  may  be  likened  to  that  of  an  individual.  Time 
does  not  change  its  essential  elements,  though  it  may 
bring  growth. 

When  I  began  this  paper  it  was  my  intention  to  treat 
of  the  growth  of  the  ethical  element  in  our  Common  Law, 
and  I  proposed  to  bring  forw^ard  as  illustrations  of  my 
second  theme  : — 

(i)  The  abolition  by  England  of  slavery  in  the  West 
Indies  at  what  was  then  considered  a  great  price  in  money  ; 
and  the  like  abolition  in  this  country  at  a  cost  in  blood  and 
treasure  almost  incalculable. 

(ii)  The  sympathetic  treatment  of  subject  native  races 
both  by  England  and  the  United  States. 

(iii)  The  passing  of  the  Factory  and  Mines  Regulation 
Acts  in  England,  by  which  the  hours  of  labor  of  the 
working  classes  were  shortened,  protection  against  the 
dangers  of  their  employment  was  provided,  child  labor 
abolished,  and  that  of  young  persons  regulated. 

(iv)  The  removal  of  the  restrictions  on  Trades  Unions. 

But  I  am  compelled  merely  to  mention  them.  With 
regard  to  Trades  Unions,  the  struggle  which  is  going  on 
between  them  and  the  employers  of  labor  is  one  of 
momentous  interest ;  and  the  impartial  neutrality  of  the 


Address  of  Gerard  Brown  Finch.  131 

Common  Law  in  that  contest  has  been  strikingly  illustrated 
by  the  intensely  interesting- and  important  case  of  Allen  v. 
Flood,  decided  by  the  House  of  Lords  in  1898.  I  venture 
to  prophesy  with  regard  to  this  contest  that  the  growing 
moral  sense  of  the  people  will  bring  a  solution  beneficial 
to  both  parties  and  fraught  with  blessings  to  the  State.  I 
am  encouraged  in  this  view  by  the  Workmen's  Compen- 
sation Act  of  1897.  That  Act  in  the  case  of  certain  speci- 
fied trades  throws  the  compensation  for  personal  injury, 
arising  in  the  employment,  upon  the  employer,  that  is  to 
say,  on  his  business.  This  is  an  act  of  justice  and  humanity, 
marking  a  great  advance  in  the  treatment  of  the  question. 
Does  not  the  recognition  of  such  a  right  on  the  part  of  the 
workman  contain  the  germ  of  a  new  status  between  him, 
his  employer,  and  the  business,  out  of  which  the  final 
solution  of  the  question  may  grow?  If  it  is  true  that  we 
axe  witnessing  a  reassertion  of  the  ancient  ideas  of  our 
race,  we  may  e.xpect  that  the  solution  will  embody  in 
modern  form  the  spirit  of  the  ancient  Anglo-Saxon  organi- 
zation disclosed  in  the  first  citation  which  I  have  given 
from  Mr.  Kemble's  work. 

Mr.  Provost,  in  concluding  this  fragmentary  address 
I  desire  to  avail  myself  of  the  present  opportunity  to 
express  my  grateful  thanks  fc)r  the  signal  honor  which 
the  Trustees  of  the  University  of  Pennsylvania  have  done 
my  colleague,  Sir  Charles  Roe,  and  myself  in  conferring 
upon  us  the  honorary  degree  of  Doctor  of  Laws.  I  take 
it  to  be  an  expression  of  the  great  respect  and  regard  felt 
by  the  members  of  your  University  for  the  venerable 
Foundations  of  Oxford  and  Cambridge,  which  we  repre- 
sent. 

And  I  desire  to  tliank,  notoni}'  liu-  l'ni\crsity,  but 
also  the  Law  Institutions  aiul  the  Citizens  of  this  great 
city,  for  the  abuntlant  testimonies  of  good-will  which  they 
have  showered  upfjn  us. 

Mr.  Prov(JSt,  I  wish  success  to  this  new  Law  School. 
May  it  maintain  the  traditions   handed  to  it  from  its  jjre- 


132  Closing  Exercises — Dinner. 

decessor  ;  and  may  it  ever  be  the  wise  teacher,  the  faithful 
interpreter  and  the  zealous  guardian  of  our  glorious  Com- 
mon Law. 


The  exercises  closed  with  a  commemorative  dinner 
given  by  the  Law  Association  of  Philadelphia,  the  Law- 
yers' Club  of  Philadelphia  and  the  Pennsylvania  Bar 
Association,  at  Horticultural  Hall,  at  which  six  hundred 
and  fifty  persons  were  present.  The  banquet  hall  and 
tables  were  profusely  decorated  with  flowers,  and  the  walls 
were  hung  with  portraits  of  eminent  lawyers  and  judges. 

Samuel  Dickson,  Esq.,  Chancellor  of  the  Law  Asso- 
ciation, presided.  Upon  his  right  sat  Hon.  John  M. 
Harlan,  of  the  Supreme  Court  of  the  United  States  ;  His 
Excellency  Wu  Ting-Fang,  the  Chinese  Minister  ;  Provost 
Charles  C.  Harrison ;  Dr.  Gerard  B.  Finch,  of  the  Univer- 
sity of  Cambridge,  England  ;  Dr.  S.  Weir  Mitchell ;  Hon. 
Oliver  Wendell  Holmes,  of  the  Supreme  Court  of  Massa- 
chusetts ;  Mr.  James  C.  Carter,  of  New  York  ;  Hon.  Wm. 
H.  Taft,  of  the  Circuit  Court  of  the  United  States ; 
Richard  C.  Dale,  Esq. ;  and  Professor  James  B.  Thayer, 
of  Harvard  University. 

On  the  left  of  the  presiding  ofificer  were  Hon.  Wm. 
U.  Hensel,  ex-Attorney-General  of  Pennsylvania,  who 
acted  as  toastmaster  ;  Hon.  George  Gray,  of  the  Circuit 
Court  of  the  United  States  ;  Sir  Charles  Arthur  Roe,  of 
the  University  of  Oxford,  England  ;  Hon.  Henry  Green, 
Chief  Justice  of  the  Supreme  Court  of  Pennsylvania ; 
President  Francis  L.  Patton,  of  Princeton  University ; 
Mr.  John  E.  Parsons,  President  of  the  Bar  Association  of 
New  York ;  Professor  Simeon  E.  Baldwin,  of  Yale  Univer- 
sity ;  Hon.  John  P.  Sterrett,  of  the  Supreme  Court  of 
Pennsylvania ;  Hon.  Wm.  J.  Magee,  Chief  Justice  of  the 
State  of  New  Jersey,  and  Professor  George  Wharton 
Pepper,  of  the  University  of  Pennsylvania. 

The  following  is  a  facsimile  of  the  dinner  program : 


H  Feb. 
SI900 


I 


7 


'rr//r/r . 


^ /r/'^vrrr^y   S^:^ '//^ /.WY^. 


Organized 

1:90 


FmsT  Lectdre  Delivered 
December  15,  1790 

IN   THE 

ACADEMT 

BV 

JAMES  WILSON 


Second  Course  of  Lectures 

DELIVERED    BY 

CHARLES  WILLING  HARE 

APRIL,    1817 

IN     THE    COLLEGE    UCILDINGS 

ON    NINTH    STREET 


Reorganization 

1S50 

CNDER 
GEORGE  SHARSWOOD 


Rbmovbd  to  West  Philadelhhia 
1874 


Removed  to  Broad  and  Chestnut  Streets 


Occupied  Buildings  in  Independence  Square 

1895 


Dinner 

GIVEN    UNDER    THE   AUSPICES  OF 

XTbe  Xaw  assoctation  of  pbilaOelpbta 

Incorporated  March  13, 1802 


tlbe  Xawper'6  Club  of  iPbtlaDelpbia 

Incorporated  July  9.  1892 


XTbe  Pennsylvania  Bar  Bssoctatton 

Incorporated  July  i,  1895 


I 


Horticultural  Hall 
Philadelphia,  February  22,  1900 


Blue  Point  Ovsters 


Green  Turtle  Soup 


Olives 


Celery 


Rich  Old  Amontillado 


Almonds 


Cucumbers 


Chicken  Halibut 

"  Hollandaise  "  Sauce 

Chateau  Sauterne 


Vol  au  Vent  "  of  Sweat  Breads 


French  Peas 


Roast  Loin  of  Mutton  Champagna 

Potatoes  "  Duchesse  " 


University  Punch 


Terrapin 


Tomato  Jelly  Salad 


Brie  and  Roquefort  Cheese 


NessclroJe  Pudding 

Fruit  Coffee 

Cigars 


Rum  Sauce 

Candy 

Cigarettes         Cognac  1857 


1 

xrlli 

ii 

^jmm 

i:-Sp^. 

-^        .' 

^   ^ 

I 

w 

March         .       •       .       Hands  Across  the  Sea     . 

.     Souia 

3 

Mbdlbt       .       .       .       Overture  of  College  Songs 

.     *Beale 

3 

Waltz  P&ou  The  Amebr 

.      Herbert 

4 

March         .       .       .       Franldin  Field 

.      Gilpin 

5 

Selection   .       .       .       Fortune  Teller 

.      Herbert 

6 

March  From  The  Jolly  Musketeer 

Edwardi 

7 

Intermezzo       .       .       Pas  des  Fleuis 

.     Delibei 

8 

Selection   .       .       .       The  Singing  Girl     . 

.     Souia 

9 

Characteristic       .       A  Bunch  O'  Blackberries 

Hol^mann 

10 

Marcs         .       .       .       The  Man  Behind  the  Gun      , 

Sousa 

II 

Waltz          .       .        .       The  Conquerors 

.      Fursl 

J2 

Airs  From  The  Runaway  Girl          =.       .       .       . 

.      Caryll 

13 

Waltz          .       .              April  Smiles  .  . 

.      Derteir 

14 

March         .       .       .       Philadelphia's  Favorite 

BeaU 

»5 

Characteristic       .       Smoky  Mokes 

Hol^mann 

l6 

March          .       .       .       Houston  Club 

3£.  E>.  Jfieale'a  ©rcbestra 

Goeckel 

I.     The  Memory  of  Washington. 


II.     The  Judiciary. 

Honorable  GEORGB  GRAY 

III.  The  University  of  Oxford. 

Sir  CHARLES  ARTHUR  ROE 

IV.  The  University  of  Cambridge. 

mh.g.  b.  finch,  a.m. 

V.     The  University  of  Pennsylvania. 

Mr.  GEORGE  WHARTON  PEPPER 

VI.     The  American  Lawyer. 

Mr.  JOHN  E   PARSONS 

VII.     The  Philadelphia  Lawyer. 

Mr.  RICHARD  C.   DALE 


<5U€SXS 


His  Excellency  Senor  Don  Manuel 

De  Azpiroz 
President  C.  K.  Adams 
Professor  James  Barr  Ames 
President  James  B.  Angell 
Honorable  Robert  W.  Archibald 
Honorable  E.  A.  Armstrong 
Honorable  Michael  Arnold 
Professor  Clarence  V.  Ashley 
Honorable  Charles  Y.  Audenried 
Honorable  William  N.  Ashman 


Honorable  Simeon  E-  Baldwin 
Honorable  J.  Hay  Brown 
Honorable  Joseph  Buffington 
Honorable  James  A.  Beaver 
Honorable  A.  V.  Barker 
Honorable  Abraham  M.  Beitler 
Professor  Samuel  C.  Bennett 
Honorable  Edward  W.  Biddle 
Professor  Philip  M.  Bikle 
President  William  W.  Birdsall 
Honorable  F.  Araed^e  Bregy 
Honorable  O.  B.  Bechtel 

Mr.  James  C.  Carter 
President  Joseph  H.  Chamberlin 
Chancellor  Winfield  S.  Chaplin 
Honorable  R.  L.  Crawford 
Honorable  George  S.  Crisswell 

Honorable  John  Dean 
Professor  Henry  E  Davis 
Honorable  Edwin  M.  Dunham 
Honorable  V.  M.  Dunn 
Honorable  Alfred  Darte 

Honorable  John  P.  Elkin 
Honorable  Henry  M.  Edwards 
Honorable  John  A.  Evans 

Mr.  G.  B.  Finch,  A.M. 
Honorable  D.  Newlin  Fell 
Professor  J.  Newton  Fiero 
Honorable  Thomas  K.  Finletter 
Honorable  Robert  Sellers  Frazer 
Honorable  Joseph  C.  Ferguson 

Honorable  Henry  Green 
Honorable  George  Gray 


President  Daniel  C.  Gilman 
Honorable  Charles  G.  Garrison 
Honorable  M.  P.  Grey 
Professor  Charles  Noble  Gregory 
Honorable  John  M.  Greer 
Honorable  Joseph  M.  Gaskill 

Honorable  John  M.  Harlan 
Honorable  Oliver  Wendell  Holmes 
Provost  Charles  C.  Harrison 
President  George  E.  Harris 
Professor  John  H.  Harris 
President  George  A.  Karter 
Professor  William  F.  Hunter 
Honorable  William  B.  Hanna 

Professor  William  A.  Keener 
Honorable  Andrew  Kirkpatrick 

Professor  William  Minor  Lile 
Honorable  John  B.  Livingston 
Honorable  John  G.  Love 
Honorable  John  Lynch 
Honorable  Jeremiah  Lyons 
Honorable  Charles  I.  Landis 
Honorable  Wilton  M.  Lindsay 

Honorable  J.  Brewster  McCoIlum 
Chancellor  Henry  M.  McCracken 
Honorable  John  B.  McPhersou 
Chancellor  Emlen  McClain 
Honorable  Harold  M.  McClure 
Honorable  Charles  B.  McMichael 
Honorable  Henry  J,  McCarthy 
Mr.  James  H.  McKenuey 
Honorable  William  J.  Magie 
Honorable  James  T.  Mitchell 
Honorable  S.  Leslie  Mestrezat 
Doctor  S.  Weir  Mitchell 
President  James  D.  Moffat 
Honorable  William  A.  Marr 
Honorable  Thomas  A.  Morrison 
Honorable  Thomas  J.  Morris 

Honorable  James  H.  Nixon 
Professor  Charles  W.  Needham 

Honorable  George  B.  Orlady 
Honorable  James  M.  Over 
Mr.  Kollo  ogden 


I 


CUbSTS—ConhitueJ. 


President  Francis  L    Patton 
Honorable  William  W    Porter 
Honorable  William  D    Porter 
Mr   John  E    Parsons 
Mr   John  Prenliss  Po« 
Mr    Henry  Page 

Honorable    Samuel    W.     Penny- 
packer 
Honorable  Clement  B    Penroie 
Professor  W   S   Patlee 
Professor  Cuibbert  W.  Pound 


Sir  Charles  Arthur  Roe 
Honorable  John  R    Richards 
Hon   John  W    Reed 
Honorable  Edmund  H.  Reppert 


Honorable  John  P.  Sterretl 
President  Austin  Scott 
President  Isaac  Sharpless 
President  John  S.  Stahr 
President  Theodore  L.  Seip 
President  Augustus  Shultie 
Professor  H    P.  Spangler 
Professor  John  D   Shafer 
Honorable  John  W    Simonton 
Honorable  Aaron  S   Schwartz 
}[onor.ible  George  M    Sharp 
Hon    W.  F    Bay  Stewart 
Honorable  Clinton  R   Savidge 
Honorable  Samuel  McC.  Swope 
Mr    Moorfield  Storey 
Honorable  Osrar  S   Strauss 


Mr    Henry  L   Stimson 
President  George  W.  Smith 


Honorable  William  H.  Taft 
Professor  Jaraes  B    Thayer 
Honorable  M    Russell  Thayer 
Honorable  Hrnuk  J    Thomas 
Honorable  Thomas  W.  Trenchard 
Honorable  Jamea  F   Taylor 


Honorable  R   E   Umbel 


His  Excellency  Wu  Ting  Faog 
President  E    D    Warfield 
Honorable  Everett  P   Wheeler 
President  Beniah  L   Whitman 
President  John  D   Whitney 
Professor  B.  L.  Wiggins 
Honorable  James  li    Wasson 
Honorable  J    S    Wilson 
Honorable  PZmory  A    Walling 
Honorable  John  W    F    White 
Honorable  Stanley  Woodward 
Honorable  Robert  N.  WilUon 
Honorable  William  W    Wiltbaalc 
Honorable  J    G    Wadlinger 
Honorable  Henry  K   Wcaud 
Mr.  Edmund  Wctmore 


Honorable  Harman  Yerkes 


Subscribers 

Mr.  Joha  Adams 

Mr.  George  F.  Baer 

Mr.  John  S.  Adams 

Mr.  George  R.  Bedford 

Mr.  Francis  Cope  Adier 

Mr.  Frederick  Bertolette 

Mr.  Harry  M.  Albertson 

Mr.  James  K.  Bowen 

Mr.  James  Alcorn 

Mr.'O.  C.  Bowers 

Mr.  I.ucien  H.  Alexander 

Mr.  W.  U.  Brewer 

Mr.  Edward  P.  AUinson 

Mr.  W.  Michael  Byrae 

Mr.  Edward  A.  Anderson 

Mr.  J.  W.  B.  Bausman 

Mr.  James  B.  Anderson 

Mr.  William  Y.  C.  Andersoa 

Mr.  J.  K.  Andre 

Mr.  John  Cadwalader 

Mr.  Pierce  Archer 

Mr.  John  Cadwalader,  Jr. 

Mr.  Richard  L.  Ashhnrst 

Honorable  James  D.  Campbell 

Mr.  O.  C.  Allen 

3Ir.  John  M.  Campbell 

&fr.  Josiah  R.  Adams 

Mr.  George  W.  Can- 

Mr.  W.  WilkinsCarr 

Mr.  Charles  Cr-.rv-er 

Mr.  R.  Loper  Baird 

Professor  Hampton  L.  Carson 

Mr.  Thomas  W.  Barlow- 

Mr.  Henry  S.  Cattell 

Mr.  John  Hampton  Barnes 

Mr.  Joseph  L.  Caven 

Mr.  Kon-is  S.  Barratt 

Mr.  Francis  T.  Chambers 

Mr.  Lewin  W.  Barringer 

Mr.  S.  Spencer  Chapmaa 

Mr.  James  M.  Beck 

Mr.  Horace  1,.  Cheyney 

Mr.  J.  Claude  Bedford 

Mr.  Frank  S.  Christian 

Honorable  Dimner  Beeber 

Mr.  B.  Frank  Clapp 

Mr.  John  C.  Bell. 

Mr.  John  A.  Clark 

Mr.  Charles  Biddle 

Mr.  Joseph  S.  Clark 

Mr.  Cadwalader  Biddle 

Mr.  Harry  G.  Clay 

Mr.  Frederick  D.  Biddle 

Mr.  Ludovic  C.  Cleemaa 

Mr.  Louis  A.  Biddle 

Mr.  Edward  H.  Cloud 

Mr.  Lvnford  Biddle 

Mr.  J.  B.  Colahan,  Jr. 

Mr.  Charles  C.  Binney 

Mr.  James  I.  Comly 

Mr.  George  I'ucker  Bispham 

Mr.  Samuel  W.  Cooper 

Mr.  Ed^arN.  Black 

Mr.  James  C.  Corry 

Mr.  Edward  H.  Bousall 

Mr.  George  L.  Crawford 

Mr.  Francis  II  Bohlen 

Mr.  John  P.  Croasdale 

Mr.  James  R.  Booth 
Professor  Henrv  S.  Borneman 

Mr.  "T.  Dewitt  Cuyler 

Honorable  Charles  M.  Campbell 

Colonel  Wendell  P.  Bowman 

Mr.  Edwin  Rouse  Cochran,  Jr. 

Mr.  Peter  Boyd 

Mr.  Charles  Corbet 

Mr.  F.  B.  Bracken 

Mr.  E-  W.  Coggeshall 

Mr.  I,ouis  Bi-e^ 

Mr.  yrederick  t,.  Breit:inger 

Mr  Frank  F.  Bris-hlly 

Mr.  Charles  F.  DaCoeta 

Mr.  Joseph  Hill  Brinton 

Mr.  Richard  C.  Dale 

Mr.  Joseph  J.  Bror.dhurst 

Mr.  Howard  A.  Davis 

Sir.  Clarence  M.  Brown 

Mr.  G.  Harry  Davis 

Mr.  Francis  Shunk  Bro\vn 

Mr.  Sussex  D.  Davis 

Mr.  Henry  P.  Brown 

Mr.  Henry  M.  Dechert 

Mr.  William  Findlay  Brown 

Colonel  Henry  T.  Dechert 

Mr.  William  H.  Brown 

Mr.  Joseph  J.  DeKinder 

Mr.  F.  Pierce  Buckley 

Mr.  George  Demming 

Mr.  John  C.  Bullitt 

Mr.  James  Aylward  Develin 

!tlr.  Duncan  !<•  Buzhy 

Mr.  Samuel  Dickson 

SWESCIVBERS— Continued. 


Mr.  Hazard  Dickson 

Mr.  Arthur  G.  Dickson 

Mr.  BJwin  S.  Dixon 

Mr.  Jofcph  I.  Doran 

Mr.  D.  Webster  Doupherty 

Mr.  Chnrlcs  H.  Downing 

Mr.  William  Drayton 

Mr.  Henry  S.  Drinker 

Mr.  Henry  M.  DuBois 

Mr.  William  F.  DanuehowcT 

Mr.  George  K.  Darlington 


Mr.  Henry  R.  Edmunds 

Mr.  Adolph  Eichholz 

Mr.  Frank  S.  Elliott 

Mr.  George  A.  Kisasser 

Mr.  Isaac  EUTell 

Mr.  Rowland  Evans 

Mr.  Lincoln  L.  Eyre 

Mr.  B.  Frank  Eshelman 

Mr.  MontKomcry  Evans 

Mr.  i'.  C.  Evans 

Honorable  Nathaniel  Ewing 


Mr.  Thomas  A.  Fahy 

Mr.  Thomas  A.  Fenstermaker 

Mr.  William  C.  FcrgTisoa 

Mr.  George  H.  Fisher 

Mr.  Henry  Flanders 

Mr.  Charles  D.  Fortio 

?lr.  William  G.  Foulke 

Mr.  Uoland  R.  Foulke 

Mr.  Joseph  C.  Fraley 

Mr.  Angclo  T.  Frecdley 

Mr.  P.irker  R.  Freeman 

Mr.  Williams.  Furst 

Mr.  Philip  F.  Fulmer,  Jr. 

Mr  William  H.  Futrelf 

Mr.  Edward  J.  Fox 

Mr.  Gilbert  Rodman  Fox 

Ilonorable  Austin  O.  Furst 


Mr.  Vivian  F.  Gable 
Mr.  Charles  Doyd  Galloway 
Mr.  >Icury  E.  Garscd 
Mr.  Joseph  M.  Gazzam 
Mr.  John  H.  Geil 
Mr.  Ircdcrick  J.Gciser 
Mr.  J.  Howard  Gendcll 
Mr.  John  S.  Gerhard 
Mr.  lUrry  B.GIU 


Mr.  Joseph  S.  Goodbread 

Honorable  Jame.';  Gay  Gordon 

Mr.  James  E.  GoriTL-in 

Mr.  John  F.  Gorman 

J!r.  William  Gorman 

Mr.  Leo  J.  Gorman 

Mr.  James  P.  Gourley 

Mr   Francis  I.  Goweu 

Colonel  Charles  S.  Greene 

Mr.  Joseph  L.  Greeiiwald 

Mr.  Wilham  Grew 

Mr.  Warren  G.  Griffith 

Mr.  Victor  Guillou 

Mr.  Charles  Francis  Gummey,  Jr. 

Mr.  John  M.  Gnrman 

Mr.  Lyman  D.  Gilbert 

Mr.  H.  H.  Gilky.son 

Mr.  William  D.  Given 

Mr.  Horace  Pellman  Glover 

Mr.  James  C.  Gray 

Mr.  Norman  Grey 


Mr.  Alfred  R.  Hais 
Mr.  Henry  V/.  HrH 
Mr.  V/'illiam  C.  Hannis 
?Ir.  E.  Hunn  Hanson 
Mr.  Thoma.s  B  Horned 
Mr.  Avery  D.  Harrington 
Mr.  David  C.  Harrington 
JTr.  W.  C.  Harris 
Mr.  William  F.  Harrity 
Mr.  Gavin  W.  Hart 
Mr.  Charles  Henry  Hart 
.Mr.  Thomas  Hurt,  Tr. 
Mr.  Henry  R.  Hatfield 
Mr.  Charles  Hcebner 
Mr.  George  HenJerson 
Mf.  J.  Bayard  Henry 
Mr.  Morton  P.  Henry 
Mr.  Max  Hcriberg 
Mr.  Luther  E-  Hewitt 
Mr.  Anthony  A.  Hirst 
Mr.  Edward  Hopkinson 
Mr.  Joseph  Hopkinson 
Mr.  Samuel  B.  Hucy 
Mr.  J.  Oiiincy  Hunsicker 
Mr.  Samuel  Si.  Hyueman 
Mr.  E.  H.  Hall 
Mr.  J.  Frank  E.  Hause 
Mr.  William  M.  Hnye« 
Mr.  George  W.  Hcigea 
Mr.  Isaac  Heister 
Mr.  J.  Webster  Henderson 


S  UBSCRIBERS— Continued. 

Honorable  William  U.  Hensel 

Mr.William  H.  R.  Lukens 

Mr.  F.  G.  Hobson 

Mr.  N.  H.  Larzelere 

Mr.  Archie  M.  Holding. 

Mr.  Andrew  Albright  Leiser 

Mr.  William  McPherson  Homer 

Mr.  William  Penn  Lloyd 

Mr.  Charles  W.  Henry 

Mr.  Milton  W.  Lowry 

Mr.  Charles  E.  Ingersoll 

Mr.  William  E  McCall,  Jr. . 

Mr.  John  Mc  Clintock,  Jr.. 

Mr.  Edward  G.  McCollin 

Mr.  John  G.  Johnson 

Mr.  Joseph  P.  McCullen 

Mr.  H.  LaBarre  Jayne 

Mr.  Francis  Mcllhenny 

Honorable  Theodore  F.  Jenkins 

Mr.  H   Gordon  McCouch 

Mr.  William  F.  Johnson 

Mr.  Edward  G.  McLaughlin 

Mr.  Howard  Cooper  Johnson 

Mr.  Thomas  F.  McMahon 

Mr.  J.  Levering  Jones 

Mr  John  Blair  MacAbee 

Mr.  George  Junkin 

Mr.  Leo  McFarland 

Mr.  Joseph  DeF.  Junkin 

Mr.  William  MacLean,  Jr. 

Honorable  Edwin  A.  Jaggard 

Mr.  C.  H.  McCauley 

Mr.  Richmond  L.  Jones 

Mr.  Andrew  H    McClintock 

Mr.  Walter  C.  Janney 

Honorable  Henry  C.  McCormick 

Mr.  Seth  T.  McCormick 

Mr.  Harry  A.  McFaddeo 

Mr.  J.  B   Kinley 

Mr.  Robert    McMeen 

Mr  Samuel  H.  Kirkpatrick 

Mr.  Edward  W   Magill 

Mr  William  F.  Kling 

Mr.  Andrew  J.  Maloney 

Mr.  Edward  W.  Kuhlemeier 

Mr.  Joseph  Mason 

Mr.  Samuel  H.  Kaercher 

Mr.  Charles  H.  Matthews 

Honorable  Wm   S.  Kirkpatrick 

Mr  Clinton  O   Mayer 

Mr.  Irwin  P.  Knipe 

Mr.  Daniel  B.  Meany 

General  W.  H.  Koontz 

Mr  S.  Edwin  Megargee 

Mr.  Robert  A.  Meier 

Mr.  Leoni  Melick 

Mr.  John  G.  Lamb 

Mr.  Joseph  Mellors 

Mr.  Charles  A.  Lagen 

Mr.  George  G.  Mercer 

Mr.  Joseph  F.  Lamorelle 

Mr  Thomas  E.  Merchant 

Mr.  W.  Moylan  Lansdale 

Mr.  William  E   Mikell 

General  James  W.  Latta 

Mr.  E.  Spencer  Miller 

Mr.  Thomas  Leaming 

Mr.  N   DuBois  Miller 

Mr.  Frederick  M.  Leonard 

Mr.  Albert  L.  Moise 

Mr.  Julius  C.  Levi 

Mr.  William  W.  Montgomery 

Mr.  Francis  A.  Lewis 

Mr  Alfred  Moore 

Mr.  Francis  D.  Lewis 

Mr  Charles  E.  Morgan,  Jr. 

Mr.  John  Frederiek  Lewis 

Mr   Randall  Morgan 

Professor  William  Draper  Lewis 

Mr.  Effingham  B.  Morris 

Mr.  William  H.Lex 

Mr.  William  Morris 

Mr.  James  H.  Little 

Mr.  W    Norman  Morris 

Mr.  H.  A.  Little 

Mr.  Thomas  D.  Mowlds 

Mr.  J.  Washington  Logue 

Mr.  Joseph  W.  Moyer 

Mr.  Mayne  R.  Longstreth 

Mr.  James  T.  MafFett 

Mr.  Samuel  K.  Louchheim 

Mr.  Henry  C.  Loughlin 

Mr.  Bemiamin  H.  Lowry 
Mr.  Willjam  Walter  Lucas 

Mr.  William  D   Neilson 

Mr.  William  L.  Nevin 

SUBSCRIBERS— Contifiiud 

^fr 

H   S  P    Xichols 

Mr.  Emil  Rosenberger 

Mr 

GtforRe  E    NitMche 

Mr  Joseph  G    Rosengarten 

Mr. 

Henry  Nunei 

Mr.  P   Frederick  Rothermel.  Jr. 

Mr 

James  B.  Neale 

Mr   Horace  M.  Rumsey 

Mr 

H    C.  Niles 

Mr.  Louis  Barcroft  Runk 
Mr.  John  G.  Reading,  Jr 
Mr.  James  H.  Reed 

Mr 

William  H   O'Brien 

Mr 

M   J    O  CallaRhaa 

Mr 

Mr 

Francis  J.  O'Conner 
W   C   M.  Oram 

Mr.  John  Samuel 
Mr.  Joseph  Savidge 
Mr   Charles  H.  Sayre 
Mr   Edward  S.  Sajres 
Mr.  Edwin  F.  Schively 

Mr 

S   Davis  Page 

Mr 

C  Stuart  Pntterson 

Mr.  G   E.  Schlegelmilch 

Mr 

John  W    Patton 

Mr.  Charles  S.  Scbofield 

Mr 

Morton  Z    Paul 

Mr   Edwin  J.  Seller* 

Mr. 

J    Rodman  Paul 

Mr.  James  C.  Sellers 

Honorable  Edward  M.  Paxson 

Mr   George  Sergeant 

Mr 

George  Peirce 

Mr  William  W   Sergeant 

Honorable  Boies  Fenrose 

Mr.  Edmund  B.  Seymour 

Professor  Geo.  Wharton  Pepper 

Mr.  E.  Cooper  Shapley 

Mr. 

Samuel  C    Perkins 

Mr   Charles  J.  Sharkey 
Mr.  Frank  R.  Shattuck 

Mr 

Silas  \V.  Prttit 

Mr 

Horace  Pettit 

Mr.  Albert  B.  Shearer 

Mr. 

Alfred  J.  Phillips 

Mr.  Albert  S   L.  Shields 

Mr 

Sheldon  Potter 

Mr   Frederick  J.  Slioyer 

Mr 

John  Power 

Mr.  Robert  N.  Simpers 

Mr 

Frank  P   Prichard 

Mr.  Alexander  Simpson,  Jr. 

Mr 

William  S.  Price 

Mr  Jacob  Singer 

Mr. 

Eli  Kirk  Price 

Mr.  Alfred  Perci%-al  Smith 

Mr 

Edward  F.  Pugh 

Mr.  A.  Lewis  Smith 

Mr 

Karl  B    Pulmnn 

Mr.  Lewis  L.  Smith 

Honornble  Henry  W.  Palmer 

Mr.  Walter  George  Smitli 

Mr 

Max  Pam 

Mr.  W.  Rudolph  Smith 

Mr 

Roswell  H   Patterson 

Mr.  Elias  P.  Smithers 

Mr 

S  R.  Peale 

Mr  Charles  L.  Smyih 

Mr.  Jacob  Snare 

Mr   Frederick  A.  Sobemheimer 

Mr 

Francis  Rawle 

Mr.  Isaac  N.  Solis 

Mr 

W    Brooke  Rawle 

Mr   John  Sparhawk,  Jr. 

Mr 

Eugene  Raymond 

Mr   William  H.  Staake 

Mr 

John  K.  Read 

Mr   Hcury  F   Stitzell 

Mr 

Gustavus  Rrmalc,  Jr 

Mr    John  M    Strong 

\,T 

Walter  E    Rex 

Mr    Marliu  H    Stutzbach 

Mr 

E.  Clinton  khoadi 

Mr.  W.  Henry  Sutton 

Mr 

Jos^pli  R    Khoada 

Mr   John  J.  Sullivan 

Mr 

J    Howa'd  Khoada 

Mr   Charles  M.  Swain 

Mr 

OcorKe  P    Rich 

Mr   George  R    Sanderson 

Mr 

Fr^nk  M    Riter 

Mr    William  I    Schnsrcr 

Mr 

Owen  J    Roljcrtu 

Mr    Robert  Snodgrass 

Mr 

V  0>!piu  Rofiinaoo 

Mr    Robert  B   Staples 

t 

Mr 

John  I.  Rogers 

Mr    Russell  C.  Stewart 

SUiiSCRWERS— Continued. 


Mr.  Joseph  H.  Taulane 

Mr.  Thomas  B.  Taylor 

Mr.  Henry  C.  Thompson,  Jr. 

Mr.  J.  Whitaker  Thompson 

Honorable      Samuel     Gustine 

Thompson 
Mr.  Curtis  Tilton 
Ml.  M.  Hampton  Todd 
Mr.  Charles  C.  Townsend 
Mr. 'William  Jay  Turner 
Mr.  Ernest  L.  Tusttn 
?Jr.  Daniel  K.  Trimmer 
Mr.  C.  Berkeley  Taylor 

Mr.  Thad.  L.  Vanderslice 
Mr.  Robert  VoaMosdiizker 


Mr.  Darid  "Wallerstein 
Mr.  Henry  F.  Walton 
Mr.  John  S.  Wallace 


Honorable  Charles  F.  'Warwidc 

Mr.  Francis  Lincoln  Way  land 

Mr.  John  Weaver 

Mr.  Albert  B.  Weimer 

Mr.  Carroll  R.  Williams 

Mr.  Parker  S.  Williams 

Mr.  Talcott  Williams 

Mr.  A.  H  Wintersteea 

Mr.  W.  Rotch  Wister 

Mr.  Owen  Wister 

Mr.  Otto  Wolff 

Mr.  Everett  Warren 

Mr.  Louis  Arthur  Watres 

Mr.  John  W.  Wetzel 

Mr.  George  W.  Wickersham 

Mr.  Albert  B.  Williams 

Mr.  J.  Marshall  Wright 

Mr.  Robert  E.  Wright 

Mr.  Joseph  R.  Wilson 


Mr.  Isaac  D.  Yocum 


General  Committee 


Oiairmaa,  SAMUEL  DICKSON 

Quncellor  oi  the  L^w  Assodatian  of  PMUdelphia 

To*itmasUr,  HONORABLE  WILLIAM  U.  HENSEL 

TrtoiurcT.  JOHN  C.   BELL 

Sccretar/,  WILLIAM  DRAPER  LEWIS 

Zbc  law  association  ot  pbllaDclpbla 

SAMUEL  DICKSON.  Cbsnccllor 
JOSEPH  G.  ROSENGARTEN  SILAS  W.  PETTIT 

RICHARD  L.  ASHHURST  ANGELO  T.  FREEDLEY 

JOHN  CADWALADER  A.  H.  WINTERSTEEN 

SAMUEL  W.  PENNYPACKER  JAMES  M.  BECK 

Cbe  XawBer'c  Club  of  ipbllaOclpbla 

FBLANCIS  8HUNK  BROWN,  President 
JOHN  R.  READ  ALEXANDER  SIMPSON.  Jr. 

WILLIAM  H.  STAAK.E  JOHN  C.  BELL 

P.  F.  ROTHERMIX,  JR-  GEORGE  WHARTON  PEPPER 

EDWARD  P.  ALUNSON  WILLIAM  DRAPER  LEWIS 

Cbc  pcnnsBlvanla  a3ar  association 

LYMAN  D.  GILBERT,  'FrtiiJeitt 
VICTOR  GUILLOU  P.  C.  KNOX 

WILLIAM  U.  HENSEL  WARD  R.  BLISS 

ROBERT  SNODGRASS  HAMPTON  L.  CARSON 

jCHJt  B.  COLAHAN.  JR.  WALTER  GEORGE  SMITH 


Committees 

Committee  on  3Banquet  anD  decorations 

WILLIAM  H.  STAAKE,  Chairman 
JOHN  R.  READ 
VICTOR  GUILLOU 
JOHN  B.  COLAHAN.  JR. 
A.  H.  WINTERSTEEN 
EDWARD  P.  ALLINSON 


Committee  on  IFnvitationa 

ANGELO  T.  FREEDLEY.  Cbmrman 
FRANCIS  SHDNK  BROWN 
P.  F.  ROTHERMEL,  jR. 
SILAS  W.  PETTIT 
JOHN  C.  BELL 

Committee  on  ^Toasts 

JOHN  CADWALADER,  Cbatrmta 
RICHARD  L.  ASHHURST 
GEORGE  TUCKER  BISPHAM 
ALEXANDER  SIMPSON,  jR. 
JAMES  M.  BECK 


.■ar^ 


&i^ 


5^ 


1 


I 


Address  of  Samuel  Dickson.  147 

While  the  guests  were  assembling-  and  during  the 
banquet  an  orchestra,  stationed  in  the  foyer,  rendered 
musical  selections. 

The  company  being  seated,  Mr.  Dickson  arose  and 
delivered  the  folhnving  introductory  address  : 

Gtntlcmen: — When  Mr.  Justice  Harlan,  His  Excel- 
lency the  Chinese  Minister,  and  representatives  of  Oxford, 
Cambridge  and  Harvard  Universities  consented  to 
deliver  addresses  at  the  opening  of  the  new  building  of 
the  Law  School  of  the  University  of  Pennsylvania,  the 
Provost  and  Trustees  felt  warranted  in  inviting  members 
of  the  Bench  and  Bar  and  of  the  universities  and  colleges 
throughout  the  country  to  be  present ;  and  when  it 
became  known  how  graciously  this  invitation  had  been 
acknowledged,  the  members  of  the  Bar  of  this  city  and 
State  requested  that  they  might  be  allowed  to  ask  those 
in  attendance  to  be  their  guests  this  evening.  We  were 
fully  aware  that  although  it  seems  to  have  been,  even  in 
the  days  of  Shakespeare,  a  custom  of  immemorial  anti- 
quity for  adversaries  in  law  to  strive  mightily,  but  to  eat 
and  drink  as  friends,  a  dinner  of  this  kind  has  never  yet 
been  made  entirely  satisfactory,  but  it  may  at  least  serve 
as  a  collective  expression  of  goodwill  and  cordial  wel- 
come and  friendly  regard,  and  as  such  we  hope  it  will  be 
accepted  by  our  guests  this  evening.  The  members  of 
our  Bar  highly  appreciate  the  honor  done  to  the  Univer- 
sity and  to  the  city  by  the  presence  and  participation  on 
this  occasion  of  so  many  distinguished  men,  and  they 
have  planned  and  prepared  this  entertainment  as  a  token, 
however  imperfect,  of  grateful  appreciation. 

In  thus  coming  together,  it  is  impossible  not  to  have 
a  new  and  keener  sense  of  our  community  of  interest  in 
our  commf)n  profession.  We  have  here  the  representa- 
tives of  sixteen  law  schools  ;  of  the  State  judiciary  from 
Massachusetts  to  Minnesota  ;  of  the  Federal  judiciarv 
having  jurisdiction  from  the  Lakes  to  the  Gulf  and  fntm 
ocean  to  ocean  ;  and  of  the   great  historic  universities  of 


148  Address  of  Samuel  Dickson. 

England.  But  although  process  runs  in  a  different  name 
in  each  different  jurisdiction,  the  system  of  jurisprudence 
is,  in  its  main  features,  substantially  identical  in  every 
fortmi  represented  here  to-night.  For  this  inestimable 
advantage,  the  people  of  the  United  States  are  mainly 
indebted  to  the  lawyers  of  the  United  States,  and  prima- 
rily and  chiefly  to  those  who  so  instructed  and  controlled 
public  opinion,  from  the  beginning  of  the  controversy 
with  Great  Britain,  that  the  War  of  the  Revolution  was 
conducted  throughout  as  one  of  self-defense  for  the  pre- 
servation and  protection  of  the  constitutional  rights  and 
privileges  of  the  colonies. 

In  making  the  contest  upon  these  grounds,  they  were 
following  precedents  with  which  they  were  familiar  in 
English  history.  The  conservatism  of  the  race  has 
always,  except  in  the  case  of  the  Commonwealth,  pre- 
vented any  violent  break  with  the  past,  and  Dr.  Arnold 
has  well  said  that  it  is  the  blessing  of  English  history  that 
its  "  days  are  bound  each  to  each  by  natural  piety,"  and 
that  the  continuity  of  the  national  life  has  never  been 
severed.  The  American  lawyers  of  the  last  century  were 
as  resolute  as  the  English  statesmen  of  1688  in  their 
determination  to  hold  fast  to  all  that  was  good,  and  at 
the  very  time  of  renouncing  allegiance  to  the  English 
crown,  they  renewed  their  allegiance  to  the  common  law 
of  England. 

The  part  taken  by  lawyers  in  framing  the  Federal 
and  State  Constitutions  has  been  a  frequent  theme  of 
commendation  by  the  commentators  and  courts,  as  nota- 
bly in  the  address  to  which  we  had  the  pleasure  of  listen- 
ing last  evening,  but,  so  far  as  I  know,  nothing  has  been 
said  of  the  great  service  done  by  the  lawyers  of  the 
Revolution  in  carrying  over  the  everyday  law  of  the 
people,  nor  of  what  has  since  been  done  by  their  succes- 
sors down  to  the  present,  to  make  it  what  it  now  is.  A 
brief  mention  of  a  few  familiar  facts  will  recall  to  your 
minds  something  of  what  has  been  done  by  the  profes- 


Address  of  Samuel  Dickson.  149 

sion  during  the  last  century  and  a  quarter  in  this  behalf, 
and,  at  the  same  time,  conduce  to  a  better  understanding 
of  the  significance  of  such  a  gathering  of  American 
lawyers  as  this. 

It  had  long  been  the  fashion  to  speak  of  the  common 
law  as  the  birthright  of  Englishmen.  In  the  preamble  of 
the  Act  of  the  General  Assembly  of  Pennsylvania  of  17 18 
it  was  recited  that  "  it  is  a  settled  point  that  as  the  com- 
mon law  is  the  birthright  of  English  subjects,  so  it  ought 
to  be  the  rule  in  British  dominions  "  ;  and  in  1722  it  was 
said  by  the  Master  of  the  Rolls  to  have  been  determined 
by  the  Lords  of  the  Privy  Council,  "  that  if  there  be  a 
new  and  uninhabited  country  found  out  by  English  sub- 
jects, as  the  law  is  the  birthright  of  every  subject,  so 
wherever  they  go  they  carry  their  laws  with  them."  This 
view  was  generally  accepted,  with  the  qualification  that 
the  colonists  carried  with  them  only  so  much  of  the  law 
of  the  mother  country  as  might  be  found  applicable  to 
their  condition  in  the  new. 

In  fact,  therefore,  each  colony  had  gradually  built  up 
a  common  law  of  its  own,  adapted  to  its  peculiar  wants, 
which  differed  in  many  respects  from  the  original,  and 
from  that  of  the  other  colonies.  There  were  few  edu- 
cated lawyers  on  this  side  of  the  Atlantic  down  to  the 
latter  half  of  the  eighteenth  century,  and  no  book  gave 
an  adequate  and  easily  intelligible  statement  of  the  prin- 
ciples and  rules  of  the  common  law  till  the  appearance  of 
Blackstone's  Commentaries.  The  settlers  were  chiefly 
engaged  in  tilling  the  soil,  their  hands  were  seldom  idle, 
and  in  their  simple  and  primitive  lives  they  had  little  need 
of  the  refinements  of  the  law.  What  they  prized  was  the 
liberty  to  govern  themselves  in  their  own  way,  to  manage 
their  own  affairs,  to  follow  their  own  customs,  and  to 
assert  and  maintain  the  personal  independence  of  the 
individual  ;  and  above  all,  they  valued  the  guarantees 
which  have  always  made  the  common  law  the  bulwark  of 
the  liberty  of  the  people. 


150  Address  of  Samuel  Dickson. 

It  is  probable,  therefore,  that  in  claiming  the  common 
law  as  their  heritage,  they  were  using  language  to  which 
they  did  not  always  attach  any  very  clear  and  distinct 
meaning;  but  beginning  with  the  year  1760,  a  brilliant 
group  of  young  men,  no  less  than  one  hundred  and  fifteen 
in  number,  chiefly  from  South  Carolina,  Virginia,  Mary- 
land, Pennsylvania  and  New  York,  crossed  the  ocean  to 
become  students  in  the  Inns  of  Court.  Most  of  them 
became  conspicuous  in  the  great  debate  which  followed 
their  return,  and  among  them  were  most  of  the  men  who 
became  the  leaders  of  the  Old  Bar  of  Philadelphia.  From 
their  political  writings,  and  from  the  scanty  summaries  of 
their  arguments  preserved  in  the  reports,  and  from  the 
opinions  of  those  of  them  who  sat  upon  the  Bench,  we 
still  continue  to  find  satisfactory  proof  that  they  would 
have  been  learned  and  accomplished  lawyers  in  any  court 
of  any  day ;  and  when  they  spoke  of  the  common  law, 
they  meant  by  it  what  the  term  means  now.  No  more 
glowing  and  discriminating  panegyric  upon  the  common 
law  was  ever  pronounced  than  by  Judge  Wilson  in  the 
lectures  which  he  delivered  in  1 790  before  the  Law  School 
of  the  University. 

It  cannot  be  doubted  that  it  was  their  influence  which 
led  to  its  formal  adoption  by  the  several  States  soon  after 
the  Declaration  of  Independence.  At  the  first  session  of 
1776-7  of  the  General  Assembly  Pennsylvania  under  the 
new  Constitution,  an  Act  was  passed  continuing  all  laws 
previously  enacted,  together  with  the  common  law,  and 
such  of  the  statutes  of  England  as  had  theretofore  been  in 
force,  except  as  specially  excluded.  Similiar  action  was 
taken  in  other  States,  and  by  constitutional  provision,  by 
statute,  or  by  judicial  declaration,  the  common  law  was 
made  the  basis  of  the  legal  system  in  all  of  the  thirteen 
States. 

It  was,  of  course,  the  modified  system  in  each  colony 
which  became  of  binding  authority  in  the  new  State, 
but   fortunately,    the    Commentaries    of    Blackstone    of 


Address  of  Samuel  Dickson.  i  5 1 

which     the    first    volume   was   only    published    at    the 
end  of  1765,  had  been  completed  in  time  for  an  edition 
to  be  published    in  this  city    in    177 1-2,  and,  as  Burke 
pointed  out  in  his  speech  in    favor  of  conciliation  with 
the  colonies,   more   copies   had   been    sold    in    America 
than  in  England  itself,  and  it  is  estimated  that  at   least 
twenty-five  hundred  copies  had  been  sold  here  before  the 
Revolution.     No   single   agency  did  so  much  to  bring 
about  a  substantial  uniformity  in  the  common  law  through- 
out the  country,  but  by  the  adoption  of  only  so  much  of 
the  system  as  was  in  force  at  the  date  of  the  Declaration 
of  Independence,  it  became  a  question  for  the  courts,  in 
each  case,  to  determine   whether  the   original   rule   had 
been  introduced  or  superseded.     This  compelled  the  con- 
stant consultation  of  that  great  repertory  of  wisdom,  which 
had  been  accumulated  during  the  past  centuries  of  English 
histOF}',  and  which  was  recorded  in  the  English  reports, 
from  the  Year  Books  down  ;  but,  what  is  of  greater  value, 
it  preserved  and  transplanted  those  seminal  principles  of 
growth  by  which  the  common  law  had  come  to  be  what 
it  was,  and  by  which  it  was  to  adapt  itself  to   the    wants 
and  usages  of  a  free  people  during  all  the  centuries  which 
were   to  follow.     They  thus    retained   the  right  of  free 
access  to  the  great  body  of  decisions  through  which  the 
system    had  slowly  broadened  down  from  precedent  to 
precedent,    while    reserving  the    power   to    modify   and 
change  so  as  to  suit  the  varying  conditions  of  an  active 
and  vigorous  people,  rapidly  expanding  and  developing 
in  a  new  country.    Hence,  the  law  which  really  comes  home 
to  men's  business  and  bosoms  in  ordinary  times  of  peace 
and  order,  and  which  governs  them  in  all  the  relations  of 
private  life,  in  the  family,  and  in  society  ;  by  which  they 
owned  or  conveyed  or  devised  their  estates  ;  by  which  they 
made  or  rescinded  or  enforced  contracts  ;  and  by  which 
every -day  affairs  were  managed  juid  conducted,  continued 
just  as  before.     The  presumpti(in  was  against  any  change 


152  Address  of  Samuel  Dickson. 

having  been  made,  and  the  burden  was  on  him  who  as- 
serted its  existence  or  necessity. 

No  men  are  more  wedded  to  precedent  and  more 
averse  to  innovation  than  lawyers,  on  or  ofE  the  Bench  ; 
but  there  never  was  any  hesitation  in  recognizing  an 
accomplished  change  in  the  habits  and  usages  of  the  peo- 
ple, or  a  substantial  distinction  between  the  natural  condi- 
tions here  and  abroad.  Numerous  modifications  have 
therefore  been  made  to  bring  the  law  into  accord  with  the 
character  and  spirit  of  our  institutions,  and  it  may  be 
fairly  and  justly  claimed  that  both  in  retaining  what  was 
old  and  in  welcoming  what  was  new,  the  lawyers  of  this 
country  have  always  acted  in  accordance  with  the  precept 
of  Bacon — "  to  take  counsel  of  both  times,  of  the  ancienter 
what  is  best  and  of  the  later  times  what  is  fittest ;  to  re- 
form without  bravery  or  scandal  of  former  times,  yet  to 
set  it  down  to  ourselves  as  well  as  to  create  good  prece- 
dents as  to  follow  them." 

Every  lawyer  will  recall  the  changes  which  have 
been  introduced  into  the  law  of  his  own  State,  and,  by 
way  of  illustration,  reference  need  only  be  made  to  such 
familiar  instances  in  Pennsylvania  as  the  disregard  of  the 
rule  which  rendered  seizin  in  the  grantor  necessary  to  the 
validity  of  a  conveyance  of  land ;  the  rejection  of  markets 
overt ;  the  law  of  the  waygoing  crop  ;  the  law  of  the  road, 
of  fences,  and  the  like.  Some  or  all  of  these  find  a  par- 
allel in  other  States,  but  one  is  of  peculiar  interest  as 
illustrating  how  substantially  the  same  question  has  been 
successively  dealt  with  as  it  first  arose  on  this  side  of  the 
Alleghenies,  and  finally  presented  itself  upon  the  Pacific 
slope. 

From  an  early  day,  the  navigable  fresh-water  rivers 
of  Pennsylvania,  though  not  tidal,  had  been  declared 
public  highways,  and  hence  the  old  common-law  rule  as 
to  the  rights  of  the  riparian  owner  was  rejected.  A  simi- 
lar view  was  finally  adopted  when  the  scope  of  the  ad- 
miralty powers  of  the  courts  of   the   United   States   was 


Address  of  Samuel   Dickson.  153 

extended  over  navigable  rivers  and  the  great  lakes;  but  the 
most  striking  example  of  the  capacity  of  the  common  law, 
as  a  system  of  living  principles,  to  adapt  itself  to  the 
needs  and  facts  of  a  vivid  and  vigorous  life  under  new 
and  stimulating  conditions,  was  furnished  by  the  manner 
in  which  the  miners  of  California  made  a  common  law  of 
their  own.  They  drafted  and  adopted  their  own  rules  and 
regulations  for  each  camp,  and  they  claimed  and  exercised 
the  right  to  appropriate  and  divert  and  consume  the 
whole  or  part  of  any!stream,and  to  assert  the  ownership  of 
the  water  as  against  all  the  world,  without  any  obligation 
to  return  it  to  its  channel.  When  these  rights  had  ripened 
into  a  coherent  scheme,  they  were  recognized  and  rati- 
fied by  Act  of  Congress,  but  they  revealed  the  capacity 
of  men  reared  under  "  the  hardy  features  of  personal  in- 
depence,"  fostered  by  the  common  law,  to  frame  a  form 
of  government  in  an  emergency,  which  courts  and  leg- 
islatures found  it  impossible  subsequently  to  improve 
upon. 

Thus  it  is  that  the  people  of  this  country,  but  chiefly 
its  lawyers,  have  been  engaged  in  building  up  a  system 
which  may  now  properly  be  termed  the  American  com- 
mon law.  With  patient  and  laborious  research  into  the 
records  of  the  past ;  with  careful  comparison  between  the 
conclusions  reached  in  contemporaneous  courts ;  by 
earnest  and  thorough  discussion  of  every  question  of 
principle  or  of  public  policy,  the  members  of  our  profes- 
sion, each  in  the  courts  of  his  own  State,  are  steadily  and 
surely  building  up  the  great  fabric  of  American  law — the 
wide  arch  of  the  rang'd  empire. 

Not  less,  but  in  some  respects  more  important,  are 
the  labors  of  men  like  those  of  Oxford  and  Cambridge 
who  have  lately  written  a  history  of  English  law  before 
the  time  of  Edward  I.,  so  thorough  and  complete  as  to 
make  the  profession  in  every  English-speaking  country 
their  debtor,  and  who  have  taught  us  how  better  to  value 
the  work  done  at  home,  by  the  estimate   they  have  put 


154  Address  of  Samuel  Dickson. 

upon  it,  when  they  say,  as  they  do,  that  "  when  the 
ground  has  lately  been  occupied  by  a  Holmes,  Thayer, 
Ames,  or  Bigelow,  they  pass  over  it  rapidly  from  a  desire 
to  avoid  what  they  should  regard  as  vain  repetition."* 
They  thus,  in  their  turn,  are  perpetuating  and  making 
available  all  that  is  valuable  in  the  past  and  helping  to 
diffuse  a  scientific  spirit  among  those  engaged  in  the 
practice  and  exposition  of  the  law,  while  those  who  are 
brought  by  their  daily  avocations  into  direct  contact 
with  the  life  of  the  people,  and  are  compelled  to  deal 
with  the  average  man  as  client  or  juror,  are  forced  to 
study  the  practical  outcome  and  to  put  every  proposed 
improvement  to  the  test  of  experience. 

We  may,  therefore,  justly  regard  ourselves,  gentle- 
men— all  of  us,  from  the  youngest  tyro  among  those  who 
united  in  tendering  this  entertainment,  to  the  most  dis- 
tinguished of  our  guests — as  fellow-workers  in  a  common 
cause,  each  making  some  contribution  to  the  common 
stock  of  legal  doctrine,  which  is  to  be  the  most  precious 
possession  of  the  American  people  so  long  as  the  Repub- 
lic shall  endure,  and  to  which  may  be  fitly  applied  the 
words  with  which  Goethe  described  Venice,  "  a  grand, 
venerable  work  of  combined  human  energies ;  a  noble 
monument,  not  of  a  ruler,  but  of  a  people." 

At  the  close  of  his  address,  Mr.  Dickson  presented 
Mr.  William  U.  Hensel  as  the  toastmaster  of  the  even- 
ing, who,  in  a  graceful  speech,  assumed  the  duties  of  his 
position. 

The  first  toast  was  "  The  Memory  of  Washington," 
which  was  drunk  standing  and  in  silence.     Mr.  Hensel 


*  When  one  reads  that  sentence  and  thinks  of  the  place  which  the 
monumental  work  of  Sir  Frederick  Pollock  and  Professor  Maitland  has 
already  taken,  and  is  sure  to  hold  so  long  as  the  English  law  is  studied, 
he  cannot  help  recalling  Thackeray's  comment  on  Gibbon's  allusion 
to  Fielding  :  "To  have  your  name  mentioned  by  Gibbon  is  Hke  having 
it  written  on  the  dome  of  St  Peter's.  Pilgrims  from  all  the  world 
admire  and  behold  it." 


Response  of  George  Gray.  155 

next  proposed  "The  Judiciary,"  which  was  responded  to 
bv  Hon.  George  Gray.  Judge  Gray  spoke  as  follows  : 
Mr.  Toastmastt^r :  I  will  not  presume,  with  my  small 
experience  on  the  Bench,  to  respond  for  the  Judiciary. 
In  the  few  words  that  I  shall  utter  I  shall  attempt  to 
speak  onlv  of  the  Judiciary.  It  would  be  a  fruitful  theme, 
indeed,  were  one  permitted  to  dwell  upon  the  relation  of 
the  Judiciary  and  the  Judicial  systems  of  our  country  to 
its  g-rowth  and  civilization.  No  fact  stands  out  more 
prominendy,  even  to  a  superficial  observer  of  the  history 
of  English  speaking  peoples,  than  the  important  part 
performed  by  the  Judiciary  in  the  development  of  that 
history.  It  is  not  a  hasty  or  ill  founded  generalization  to 
say  that  the  freest  countries  in  the  world — the  countries 
where  the  largest  individual  liberty  co-exists  with  the 
greatest  security  for  public  order — are  those  in  which  the 
judiciary  are  held  in  highest  esteem  and  exert  the  widest 
influence.  And  it  needs  not  to  be  said  that  those  are  the 
countries  in  which  the  mould  and  vehicle  of  free  thought 
is  English  speech,  and  the  accent  of  liberty  is  taught  by 
an  English  tongue.  We  are  compelled  to  conclude  that 
it  is  a  part  of  the  instinct  of  our  race  and  blood  to  achieve 
liberty  regulated  by  law  Ijy  those  means  which  prove 
most  efficient  for  that  purpose. 

If  justice  is  the  chief  concern  of  government,  the  in- 
strumentality by  which  it  is  administered  must  always  be 
of  the  first  importance.  Our  ideals  of  individual  liberty, 
and  of  national  and  community  freedom,  which  underlie 
all  our  municipal  law,  have  their  beginnings  far  back  in 
the  history  of  our  race.  With  their  growth  and  develop- 
ment have  grown  and  developed  our  conceptions  of  the 
judicial  establishment  and  the  proper  powers  and  func- 
tions of  a  free  and  independent  judiciary. 

I  am  recalled,  in  speaking  of  this  subject,  to  an  elo- 
quent passage  in  John  Richard  Green's  "  History  of  the 
Making  of  England."  I  have  a  copy  of  it,  ruid  will  yield 
to  the  temptation  ai  reading  it  in  this  connection.     He  says, 


156  "The    Judiciary." 

in  speaking  of  the  town  moot,  in  the  early  history  of  the 
peoples  from  whom  we  sprang : 

"  It  is  with  a  reverence  such  as  is  stirred  by  the  sight 
of  the  headwaters  of  some  mighty  river  that  one  looks 
back  to  these  village  moots  of  Friesland  or  Sleswick.  It 
was  here  that  England  learned  to  be  '  mother  of  parlia- 
ments'. It  was  in  these  tiny  knots  of  husbandmen  that 
the  men  from  whom  Englishmen  were  to  spring  learned 
the  worth  of  public  opinion,  of  public  discussion,  the 
worth  of  the  agreement,  the  'common  sense,'  the  general 
conviction  to  which  discussion  leads,  as  of  the  laws,  which 
derive  their  force  from  being  expressions  of  that  general 
conviction.  A  humorist  of  our  own  day  has  laughed  at 
parliaments  as  '  talking  shops,'  and  the  laugh  has  been 
echoed  by  some  who  have  taken  humor  for  argument. 
But  talk  is  persuasion,  and  persuasion  is  force,  the  one 
force  which  can  sway  freemen  to  deeds  such  as  those 
which  have  made  England  what  she  is.  The  '  talk '  of 
the  village  moot,  the  strife  and  judgment  of  men  giving 
freely  their  own  rede  and  setting  it  as  freely  aside  for 
what  they  learn  to  be  the  wiser  rede  of  other  men,  is  the 
groundwork  of  English  history." 

And  so  it  has  come  to  be,  that  the  common  sense 
and  best  sense  of  every  community,  the  conviction  that 
has  come  from  the  crucible  of  discussion  and  contention, 
satisfying  the  awakened  conscience  and  most  enlight- 
ened judgment  of  the  day,  is  voiced  for  us  and  for  all 
English  speaking  people,  from  the  judicial  tribunal. 
Small  wonder,  then,  that,  from  the  beginning,  there 
was  required  of  those  called  to  this  high  function  a 
more  than  ordinary  equipment  of  learning  and  of 
character.  Doubtless  in  those  beginnings  the  judg- 
ments and  the  personnel  of  the  Bench  partook  of  the 
rudeness  of  the  times,  but  they  both  reflected  what 
was  best  and  most  robust  in  the  society  of  the  day,, 
and  the  development  and  improvement  of  both  went  hand 
in  hand  with  the  growth  of  civilization  and  the  amelioration 


Response  of  George  Gray.  157 

of  manners.  And  so  our  judiciary  of  to-day  is  the  develop- 
ment, the  fruition,  and  the  perfect  flower  of  the  growth  of 
the  race  to  which  we  belong.  It  was  because  free  institu- 
tions were  in  the  blood  and  bone  of  those  from  whom  we 
descended  that  we  have  them  now,  and,  if  God  is  willing, 
we  will  preserve  them  by  the  same  means  that  we  have 
always  preserved  them,  by  a  brave,  learned  and  inde- 
pendent judiciary.  It  is  in  declaring  and  expounding 
that  great  body  of  the  law  that  lies  outside  of  express 
legislative  enactment,  that  our  courts  have  performed 
their  most  important  office,  and  have  been  enabled  to 
exemplify  and  give  articulate  expression  to  the  growth  of 
the  law.  This  is  sometimes  irreverently  called  "judge- 
made  law,"  but  it  is  only  the  voicing  of  the  higher  moral- 
ity and  the  broader  humanity  of  the  time  in  which  they 
speak. 

It  is  after  this  fashion  that  "the  law  of  the  land,"  in 
its  best  and  highest  meaning,  has  become  our  inheri- 
tance, and  that  the  muniments  of  freedom  and  individual 
liberty  have  been  measurably  placed  beyond  the  reach  of 
hostile  legislation,  executive  power,  or  the  encroachment 
of  dominant  majorities.  It  is  this  high  meaning  that  the 
time-honored  phrase,  "  the  law  of  the  land,"  has  had 
since  the  days  of  "  Mai^na  Charta  "  down  to  the  present 
time.  Institutional  freedom  and  the  fundamental  per- 
sonal and  political  rights  which  mav  not  be  infringed, 
are  to-day  the  peculiar  care  and  highest  trust  of  the 
judiciary — State  and  National.  It  is  in  the  preservation 
of  the  rights,  which  were  not  the  concessions  of  govern- 
ments, but  which  governments  were  formed  tt)  protect, 
that  our  courts  have  performed  their  highest  functions. 
It  was  an  appeal  to  this  "law  of  the  land"  that  made 
resistance  to  the  tyranny  of  English  monarchs  successful 
where  with  other  people  it  failed,  and  it  is  this,  the  "  law 
of  the  land,"  which  to-day  is  our  best  security  against 
the  despotism  (jf  power,  whether  democratic  or  pluto- 
cratic. 


158  "The    Judiciary." 

Usurpation,  whether  striking  through  the  forms  of 
legislation  or  through  unauthorized  executive  power, 
finds  this  barrier,  and  behind  it  a  judiciary  ready  to 
defend  and  maintain  it.  The  institutional  freedom  of  a 
country  can  have  no  safeguard  so  reliable,  no  protection 
so  strong,  as  that  of  a  courageous,  learned  and  indepen- 
dent judiciary.  It  is  the  sentiment  inborn  in  a  people, 
that  prompts  it  to  resist  tyranny,  but  no  weapon  was 
ever  forged  for  freedom's  hand,  that  has  been  so  potent 
in  the  resistance  of  tyranny  and  the  conservation  of  indi- 
vidual liberty,  as  that  found  in  the  judicial  system  that 
forms  itself  in  an  English  speaking  community.  Brave 
men  in  other  lands  have  resisted  oppression  with  superb 
self-devotion,  have  shed  their  blood  and  sacrificed  their 
lives  to  achieve  a  temporary  victory,  but  they  have  often 
fallen  back  and  failed  to  garner  the  fruits  of  victory  from 
the  want  of  the  instinct  that  has  been  given  our  race  to 
maintain  as  the  "  law  of  the  land"  the  sacred  principles 
of  individual  freedom,  through  the  instrumentality  of  a 
judiciary,  whom  no  power  could  awe  or  forces  of  corrup- 
tion seduce. 

No  battles  for  individual  freedom  have  been  more 
important  in  their  results — indeed,  I  may  say,  none  have  so 
permanently  enlarged  the  area  of  human  freedom — as 
those  that  have  been  fought  by  lawyers  in  the  judicial 
forum.  It  is  counted  as  one  of  the  chief  glories  of  our  pro- 
fession, that  the  constant  contention  carried  on  by  legal 
minds  over  fundamental  principles,  has  so  fashioned  and 
tested  them,  that  they  have  become,  as  it  were,  stones 
fitted  by  judicial  hammer  and  chisel  into  the  enduring 
fabric  of  our  liberties.  What  I  wish  to  impress  in  this 
connection  is,  that  our  judicial  system  is  a  growth  and 
development  of  the  civilization  of  our  race,  and  was  not 
struck  out  by  the  hand  of  man  at  one  blow  from  the  mint 
of  his  logical  faculties.  The  judiciary  has  become  an 
important  part  of  our  governmental  system,  because  we 
cannot  do  without  it.     We  do  not  know  how  to  do  with- 


Response  of  George  Gray.  159 

out  it.  And  the  capacity  of  the  people  for  self-govern- 
ment may  well  be  tested  by  their  readiness  to  accept  and 
recoj^nize  the  necessity  for  judicial  tribunals,  and  their 
willingness  to  abide  by  their  decisions  fairly  made.  The 
integrity  of  their  judiciary,  I  may  safely  say,  is  very  dear 
to  all  American  communities,  as  it  is  to  all  English- 
speaking  communities  everywhere.  We  delight  to  honor 
them.  The  Supreme  Court  of  the  United  States  has 
been,  through  all  our  history,  the  pride  and  ornament  of 
our  Federal  Government.  Without  it,  all  will  agree  that 
it  could  never  have  been  successfully  carried  on — nay,  it 
could  hardlv  have  survived  the  first  decade  of  its  exist- 
ence. 

Its  career  has  been  illustrated  by  the  splendid  intel- 
lects, e.xalted  character,  civic  courage,  and  great  learning 
of  its  members.  The  "  great  Chief  Justice"  was  only 
primus  inter  parcs^  and  Taney  and  Chase  and  Waite 
were  worthy  successors  of  Marshall;  and  the  names  and 
fame  of  Storey  and  Nelson,  of  Clifford  and  Miller,  of 
Field  and  Bradley,  to  speak  only  of  the  dead,  belong  not 
only  to  the  Bench,  but  to  the  profession  which  they 
adorned  and  honored.  Thrice  happy  the  people  that  can 
point  to  such  a  heritage  of  courage  and  character  in 
high  place,  and  thrice  happy  will  they  remain,  so  long 
as  they  prize  that  heritage,  and  value  the  institutions 
which  it  adorned.  Every  man  who  loves  the  Republic, 
who  cherishes  high  hopes  for  humanity,  who  hates 
anarchy,  and  loves  liberty,  will  give  his  best  efforts  and 
highest  endeavor  to  guard  and  maintain  this  great  tri- 
bunal, as  the  best  means  of  securing  the  blessings  of 
liberty  to  ourselves  and  our  posterity. 

Its  long  history  is  not  only  stained  by  no  crime,  but 
the  brightness  of  its  escutcheon  has  not  even  been  dimmed 
by  unworthy  compliance  with  the  behests  of  power,  or  by 
any  swerving  in  the  path  of  duty,  when  pressed  by  the 
**  civium  ardor  prava  Jitbi'nfitnu."  Individual  libertv  has 
been   safe   in   its  keeping,  and  the  integrity  of  our  dual 


i6o  "The    Judiciary." 

system  of  government  has  been  maintained  when  angry 
partizanship  would  have  wounded  or  destroyed  it. 

It  has  made  a  democratic  repubUc  possible  by  giving 
legal  expression  to  the  sometimes  incoherent  cries  of  free- 
dom, and  by  crystallizing  into  law  what  is  held  in  solu- 
tion, as  it  were,  in  the  best  and  highest  thought  of  the 
time.  In  its  serene  presence,  the  agitation  of  a  turbulent 
democracy  becomes  a  healthy  alternative  for  political 
stagnation,  and  we  can  safely  prefer  the  yeasty  waves  of 
freedom  to  the  calm  sea  of  despotism. 

I  have  spoken  thus  far  of  the  growth  of  a  judicial 
system  which  has  been  largely  common  to  this  country^ 
and  that  from  which  we  derived  our  common  law  and 
much  of  our  institutional  freedom,  but,  in  this  presence, 
it  cannot  pass  without  notice  that  our  Federal  and  State 
judiciary  have,  in  a  way  peculiar  to  our  own  conditions, 
had  a  co-operative  development  and  growth  of  their  own. 
All  that  has  been  said  of  the  Federal  Supreme  Court  can 
be  well  applied  to  the  Supreme  Judicatures  of  the  several 
States.  Charged  with  the  administration  of  the  law  and 
the  practical  realization  of  justice  between  men  in  their 
everyday  life ;  charged  with  the  enforcement  of  rights 
and  the  remedying  of  wrongs  that  grow  out  of  the  daily 
contacts  of  men  in  the  pursuit  of  business  or  of  pleasure ; 
supervising  all  the  most  intimate  relations  of  life,  the 
great  body  of  our  jurisprudence  has  been  moulded  under 
their  direction,  and  has  grown  and  been  developed  by 
their  forming  hands. 

But  I  have  only  time  in  this  connection  for  a  single 
thought,  and  that  is  that  in  this  country,  owing  to  the 
happy  chance  that  our  separate  colonies  grew  into  sepa- 
rate States,  each  endowed  with  a  sovereignty,  which  is 
only  qualified  by  the  formation  of  a  general  government 
to  which  enumerated  powers  have  been  delegated,  there 
has  been  an  opportunity  for  the  realization  of  a  local  self- 
government,  which  theretofore  and  in  other  lands  has 
only  been  the  dream  of  political  philosophers.     In  other 


I 


Response  of  George  Gray.  i6i 

lands  its  attainment  has  been  attempted  by  a  distribution 
of  powers  by  a  central  government  down  through  the 
communities  which  were  the  creation  of  such  govern- 
ment, and  were  dependent  upon  it  for  their  existence ; 
while  here  it  has,  like  all  enduring  institutions,  been  the 
natural  product  of  time  and  circumstance.  The  right  of 
local  self-government  is  inherent  in  the  sovereignty  of 
each  State,  and  depends  on  no  power  extraneous  to  itself, 
and  looks  to  no  great  central  authority  except  for  its 
guaranteed  protection.  The  States,  one  and  all — the 
smallest  as  well  as  the  greatest — stand  on  the  firm 
ground  of  their  equal  sovereignty,  as  all  being  charter 
members  of  the  great  corporation  of  American  liberty. 

We  share  in  the  feeling  of  exaltation  that  must  have 
filled  the  breast  of  the  Apostle  Paul  when,  under  sentence 
to  be  scourged,  the  Chief  Captain  came  unto  him  in 
great  haste,  and  said  unto  him :  "  Tell  me,  art  thou  a 
Roman?"  He  said  yea.  And  the  Chief  Captain  answered, 
"  With  a  great  sum  obtained  I  this  freedom."  And  Paul 
said,  ''But  I  was  free  bornP 

One  observation  appropriate  to  this  occasion,  which 
I  wish  to  make,  is  this,  that  this  separateness  of  the  States, 
each  with  its  independent  judiciary,  has  developed  a 
comparative  jurisprudence  of  which  there  is  no  other 
e.xample  in  the  world.  Experiments  in  government  have 
thus  been  enabled  to  be  localized,  and  while  one  State 
takes  a  tentative  step,  the  others  can  and  do  stand  by  to 
observe  and  watch  and  record  the  result  for  the  benefit 
of  all.  The  tentative  step  sometimes  proves  an  advanced 
step,  which  is  thus  safely  taken  without  shock  or  disturb- 
ance of  public  feeling  or  existing  institutions.  A  certain 
healthy  rivalry  and  competition  between  the  States  have 
resulted,  and  have  done  much  for  the  common  advance- 
ment of  all.  And  it  must  also  not  remain  unsaid  that 
through  the  discussions  had  in  our  State  courts  and  the 
well  considered  judgments  of  State  tribunals,  no  less  than 
in  the  Federal  courts,  our  dual  system  of  government  has 


1 62  "  The  University  OF  Oxford." 

been  brought  to  work  harmoniously,  so  that  State  and 
national  government,  each  in  its  own  orbit,  without  clash 
or  obstruction  from  the  other,  have  made  the  experiment 
of  our  constitutional  government  a  grand  and  over- 
whelming success. 

It  is  such  law  that  challenges  the  study  of  the  most 
cultivated  minds,  and  the  loyalty  of  the  most  patriotic 
hearts.  It  cannot  be  taught  by  rote.  All  philosophy,  all 
science,  and  all  the  best  that  human  thought  has  achieved 
in  its  pursuit  of  the  truth,  are  drafted  into  its  service,  and 
contribute  to  the  building  of  its  temple,  always  growing 
in  beauty  and  in  use,  but  never  completed. 

Here  on  this  auspicious  occasion  we  hail  the  noble 
University  that  is  giving  increased  facility  for  such  study 
of  the  law,  and  inviting  in  increasing  numbers  our  ingenu- 
ous youth  to  enroll  themselves  among  its  votaries.  Here, 
in  the  years  to  come,  will  young  Americans  throng  to  study 
the  growth,  and  learn  the  principles  of  this  great  science 
— not  as  a  means  of  sordid  money  getting,  but  with  the 
enthusiasm,  ardor  and  elevation  of  spirit  that  belong  to 
the  higher  planes  of  human  endeavor,  and  to  the  unselfish 
desire  to  benefit  their  country  and  mankind.  Here  they 
will  learn  the  law  "  whose  seat  is  the  bosom  of  God,  and 
whose  voice  is  the  harmony  of  the  world." 


"The  University  of  Oxford"  was  the  next  toast  pro 
posed,  in  response  to  which  SiR  CHARLES  ARTHUR  ROE 
spoke  as  follows : 

Mr.  Chairman  and  Gentlemen  : 

On  behalf  of  the  University  of  Oxford  I  thank  you 
most  heartily  for  the  manner  in  which  you  have  received 
this  toast.  You  have  expressed  the  pleasure  of  the  Uni- 
versity of  Pennsylvania  and  the  Law  Societies  of 
Philadelphia  at  receiving  a  representative  of  Oxford. 
I    can    assure    you    most   sincerely    that    Oxford    had 


Response  of  Charles  Arthur  Roe.  163 

no   less    pleasure  in    sending    one — and    that    I    myself 
am  more  than  pleased  that  she  sent  me.     The  Republic  of 
Learning  is  even  greater  than  your  own  great  Republic  ; 
it  knows  no  distintion  of  parties,  or  even  of  nationalties. 
From  the  infancy  of  that  Republic  it  has  been  the  custom 
for  members  of  one  University  to  visit  sister  Universities, 
and  whether  they  did  so  in  a  representative  or  in  a  per- 
sonal capacity   they  always  received  a  hearty  welcome. 
The  hospitality  extended  to  them  may  seem  poor  indeed 
when    compared    with    what    you   have   so    generously 
lavished  on  us — but  it  resembled  it  in  this,  that  it  was  the 
best  the  entertainers  had  to  give,  and  it  was  given  heartily. 
Although  the  teaching  of  an  University  extends  over 
manv — if  not  all — branches  of  knowledge  and  science,  the 
teaching  of  Law   has  ever  held  a  foremost  place  in  the 
Course  of  Study.    It  is  the  opening  of  its  magnificent  new 
buildings  for  the   Law  School  which   the    University  of 
Pennsylvania  has  been  celebrating  yesterday  and  to-day, 
and  our  hosts  to-night  are  the  representatives  of  those 
who  put  teaching  into  practice.  In  the  papers  which  have 
been  read  in  the  course  of  these  two  days  the  question  has 
been  discussed  whether  a  course  of  University  study — or 
of  what  is  called  practical  training  in  a  lawyers  of^ce — is 
the  better  preparation  for  those  who  intend  to  follow  the 
law  as  a  profession.     The  surroundings,  amidst  which  I 
have  for  some  years  past  been  engaged  in  the  administra- 
tion   of   the    Law  in  India,  dilTer  widely    from    those  of 
England  and  America  ;  but  I  have  also,  as  Vice-Chan- 
cellor  of  the  University  of  the  Punjab,  had  a  good  deal  to 
do  with  the  formation  of  Law  Schools  and  courses  of  teach- 
ing, and   my   opinion — which^is,    I  think,  that  of  Indian 
Judges  generally — is  that,   although   office  experience  is 
undoubtedly    necessary    before   actual    practice   is   com- 
menced, it  is  in  the  highest  degree  desirable,  if  not  essential, 
that  it  should  be  preceded  by  a  course  of  thorough  and 
systematic  study  of  the  principles  of  Law.   It  is  the  prin- 
ciple— anrl  above  all  the  s|)irit  of  the   Law  of  England — 


164  "  The   University  of  Cambridge." 

the  principle  that  no  man  shall  be  condemned  without  a 
fair  trial,  and  the  resolve  to  do  justice  between  man  and 
man,  or  bodies  of  men,  which  is  the  common  inheritance 
of  all  English  speaking  races  throughout  the  world,  which 
constitutes  what  is  really  valuable  in  Law — and  the  prin- 
ciple and  point  we  can  all  unite  in  upholding,  whether  our 
duties  lie  in  the  Lecture  Room,  on  the  Bench  or  at  the 
Bar,  and  whether  we  are  called  on  to  discharge  them  in 
America,  in  Europe  or  in  Asia. 


Mr.  Gerard  Brown  Finch  in  response  to  the  toast 
"The  University  of  Cambridge,"  said: 

On  behalf  of  the  University  of  Cambridge  I  thank 
you  for  the  cordiality  with  which  you  "have  received  this 
toast.  It  has  been  a  pleasure  to  me  to  realize  the  respect 
and  affection  with  which  the  old  Universities  of  England 
are  regarded  by  the  people  of  this  country.  But  the 
regard  is  not  one  sided ;  and  I  wish  I  could  adequately 
convey  to  this  great  assembly  the  cordiality  with  which 
the  University  of  Cambridge  accepted  the  invitation  to 
take  part  in  your  rejoicings  on  the^successful  accomplish- 
ment of  this  long  wished  for  and  most  important  project. 

The  University  of  Cambridge  would  gladly  have 
sent  one  of  its  most  distinguished  sons,  a  Judge  of  the 
Court  of  Appeal,  but  he  could  not  be'spared.  I  venture, 
however,  to  say  that  my  friend,  Sir  Robert  Romer, 
though  bringing  greater  dignity  and  ability,  would  not 
have  brought  a  greater  or  more  sincere  goodwill  than 
mine. 

In  drinking  to  the  welfare  of  my  University  you 
naturally  ask  how  it  fares  with  it  in  the  sphere  of  work 
and  duty.  Does  it  aid  in  the  advancement  of  learning  ? 
Is  it  assiduous  in  the  pursuit  of  truth  ? 

To  these  questions  I  can  give  you  an  assuring 
answer.    Never  was  the  University  of  Cambridge  doing  so 


Response  of  Gerard    Brown   Finch.  165 

much  and  such  useful  work  for  science  or  letters  as  it  is 
doing  to-day.  But  how  does  it  stand  in  relation  to  the 
workers  in  those  arts,  the  underlying-  principles  of  which 
it  investigates  ?  Is  there  any  bridge  between  our  scien- 
tists and  the  industrial  workers  of  England  ?  I  am  glad 
to  say  that  the  need  of  this  bridge  is  felt.  The  remark- 
able growth  and  the  high  status  of  the  Medical  School 
afford  an  answer  on  one  side  of  the  question  ;  and  the 
establishment  of  the  School  of  Engineering  under  the 
most  able  direction  of  Professor  Ewing,  and  the  recent 
creation  of  a  Professorship  of  Agriculture  afTord  an 
answer  on  another. 

With  regard  to  the  importance  of  good  relations 
between  the  peoples  of  Great  Britain  and  the  United 
States,  of  which  I  have  heard  so  much  since  my  arrival 
here,  I  personally  feel  no  solicitude.  Substantially  and 
in  the  main  we  are  one  people.  We  have  the  same  ideals. 
We  are  alike  in  our  love  of  freedom  and  justice.  We 
have  the  same  Common  Law,  which  is  at  once  an  ema- 
nation from  and  a  moulding  force  of  our  race.  There  is 
thus  a  fundamental  harmony  between  the  two  peoples. 
Quarrels  may  confuse  this  harmony  for  a  time,  but  it  is  an 
abiding  influence. 

In  one  of  Wagner's  great  compositions  there  is  a 
majestic,  solemn  movement,  representing,  it  might  be, 
the  harmony  that  is  in  immortal  souls.  Then  sounds  of 
strife  and  discord,  angry  and  petulant,  are  heard.  But 
all  this  time  the  stately,  solemn  movement  goes  on.  So 
it  is  in  the  relations  of  the  two  peoples.  There  has  been 
strife ;  angry  contention  is  sometimes  heard.  They  are 
but  as  the  discords  in  Wagner's  great  work.  They  do 
not  affect  the  stately  march  of  that  great  underlying 
music,  that  brings  all  into  harmony  with  itself. 

Mr.  Chairman  and  Gentlemen,  I  return  you  my  sin- 
cere thanks  for  the  manner  in  which  you  have  drunk  the 
health  of  the  University  which  I  have  the  honor  to 
represent. 


i66  "The  University  of  Pennsylvania." 

Mr.  Hensel  next  proposed  "  The  University  of  Penn- 
sylvania," which  was  responded  to  by  Mr.  George 
Wharton  Pepper. 

It  is  a  graceful  recognition  of  the  place  of  the 
University  in  this  community  that  a  toast  in  her  honor 
should  be  proposed  on  this  occasion.  As  you  drink 
to  her  health  I  am  glad  to  report  that  she  is  well — that 
she  is  a  hundred  and  sixty  years  old,  but  strong  and 
vigorous  and  in  full  possession  of  all  her  various  faculties. 
This  is  not  a  little  wonderful ;  for  one  would  have 
expected  that  under  the  influence  of  the  college  faculty 
she  would  have  dried  up  long  ago ;  that  the  Medical 
Faculty  would  have  completed  her  destruction,  and  that 
the  Law  Faculty  would  even  now  be  quarelling  over  her 
estate.  Fortunately,  this  is  not  the  case.  Vigorous  and 
healthy  as  she  is,  she  is  giving  birth  each  year  to  new 
generations  of  vigorous  and  healthy  sons  (and  now  and 
then  a  daughter  or  two),  and  is  the  only  person  in  the 
community  who  realizes  the  ambition  expressed  the  other 
day  by  a  small  boy  of  my  acquaintance,  who  said  to  his 
mother,  "  Mamma,  when  I  grow  up  I'm  going  to  have  three 
hundred  children."  "What  are  you  going  to  do?"  she 
asked,  "Adopt  a  Sunday  School  ?  "  "  No,  sir,"  he  replied* 
"  I'm  going  to  born  'em  all  myself."  Our  Alma  Mater 
**  borns  them  all  herself."  She  individualizes  them  and 
watches  over  them  with  protecting  care.  She  responds 
to  your  call  with  vivacity  and  begs  to  assure  you  that 
she  will  live  and  work  and  grow  as  long  as  this  great 
community  continues  to  exist. 

Much  has  been  said  yesterday  and  to-day  of  the 
University's  work  in  law.  To  this  I  can  add  nothing.  I 
propose  to  speak  of  her  activities  in  other  fields,  and  to 
place  before  you  a  conception  of  her  relation  to  the  com- 
munity in  which  we  live. 

Like  other  institutions,  the  University  of  Pennsylva- 
nia has  passed  through  periods  of  conspicuous  public 
service  and  periods  of   relative  obscurity.     At  all  times, 


Response  of  George  Wharton    Pepper.  167 

however,  her  work  has  been  carried  steadily  forward. 
At  no  time,  perhaps,  has  she  claimed  a  larger  share  of 
public  attention  than  during  the  early  days  of  her  history 
in  the  last  century.  Philadelphia  was  then  the  metrop- 
olis. The  President  and  the  Congress  were  here.  Com- 
mencement day  was  an  event  of  public  importance. 
President  Washington  attended  and  received  his  LL.  D.; 
Dr.  Franklin  was  much  in  evidence,  watching  over  the 
institution  in  the  founding  of  which,  he  had  taken  so 
deep  an  interest.  Then,  as  now,  generous  and  public 
spirited  citizens  gave  abundantly  in  response  to  her  ap- 
peals. In  the  presence  of  our  distinguished  guests  from 
the  mother  country,  it  is  interesting  to  recall  the  fact  that 
George  the  Third  was  a  liberal  patron  of  the  institution, 
and  that  the  then  Archbishop  of  Canterbury,  as  well  as 
distinguished  dissenting  divines,  pronounced  their  bless- 
ing upon  the  institution  whose  Provost,  Dr.  Smith,  was 
himself  the  holder  of  a  degree  from  Oxford  University. 
It  is  also  interesting  to  remember  that  throughout  the 
University's  history,  cordial  personal  relations  have  been 
maintained  between  members  of  her  Faculties  and  of  her 
Board  of  Trustees  and  the  scholars  and  literary  men  of 
old  England. 

The  sons  of  the  University  are  not  concerned  with 
the  question  of  her  relative  rank  among  institutions  of 
learning.  There  can  be  no  such  thing  as  rank  in  the 
world  of  culture.  It  is  enough  for  them  to  know  that 
her  work  is  worthy — enough  to  observe  that  each  year 
she  is  rendering  greater  services  to  the  community — 
enough  to  note  in  the  long  list  of  those  who  are  spread- 
ing her  fame,  such  men  in  the  College  F'aculty  as  Barker 
and  McMaster,  and  Patten  and  FuUerton,  and  Learned 
and  Dcjolittle,  and  Hil|)recht  and  Jastrow — and  to  see 
such  men  in  the  Medical  School  as  those  who  are  carry- 
ing on  the  work  of  Agnew  and  of  Leidy  ;  and  to  perceive 
that  the  teachers  in  the  I^w  School  catch  inspiration 
from  the  scholarly  achievements  ol    him  who   is  still  with 


1 68  "  The  University  of  Pennsylvania." 

us  as  a  professor  emeritus — our  revered  and  well-beloved 
Judge  Hare.  The  University  of  Pennsylvania,  my 
friends,  was  the  first  American  University  to  confer  de- 
grees in  medicine  ;  the  first  among  surviving  universi- 
ties to  give  instruction  in  law ;  the  first  to  plan  and 
organize  the  graded  college  curriculum  which,  for  a 
century,  was  the  basis  of  instruction  in  our  American 
colleges,  the  first  to  establish  a  school  of  finance  and 
economy,  and  the  first  to  establish  a  school  to  investigate 
the  laws  of  health.  It  is  you  who  have  done  these  things. 
All  of  you,  whether  you  are  sons  by  birth  or  adoption, 
have  a  part  in  this  work.  We  must  see  to  it  that  in  the 
future  even  greater  things  are  done  than  in  the  past. 
There  is  no  way  in  which  you  can  render  a  greater  ser- 
vice to  your  community. 

Bear  with  me  a  moment  while  I  speak  of  the  relation 
between  the  University  and  the  community.  In  old 
times  universities  were  not  always  ministers  of  progress. 
They  were  not  always  found  on  the  side  of  science. 
They  often  espoused  the  cause  of  the  classes  against  the 
masses.  They  were  beholden  to  rich  men.  Brains  were 
enlisted  on  the  side  of  defending  existing  abuses  instead 
of  remedying  them.  Thank  God,  there  has  been  a 
gradual  declaration  of  independence  on  the  part  of  many 
of  our  American  universities.  To-day  they  stand  forth  as 
champions  of  the  truth.  They  receive  liberal  gifts,  but 
by  common  consent  the  gifts  carry  with  them  no  recipro- 
cal obligation  to  the  wealthy  donors.  University  profes- 
sors are  not,  and  must  not  be,  hampered  in  their  work  of 
investigation.  It  is  a  sad  day  when  their  teachings  are 
revised  on  the  ground  of  heterodoxy.  Their  positions 
must  be  secure  even  if  they  controvert  an  accepted  rule 
of  Greek  grammar  or  insist  upon  a  revision  of  an  accepted 
view  about  the  date  of  a  Biblical  event,  or  venture  to 
preach  and  to  teach  a  method  of  legal  education  which  is 
not  precisely  the  same  as  that  which  has  given  us  the 
Nestors  of  the  bar.     The  University  must  recognize  truth 


Response  of  George  Wharton   Pepper.  169 

as  the  ultimate  test  of  all  thing-s.  She  must  not  stoop  to 
set  her  mint-mark  upon  an  untruth,  or  strive  to  carry  it 
throuq-h  by  the  mere  force  of  her  authority. 

It  used  to  be  said  that  University  training-  unfitted 
students  for  the  work  of  life.  Very  few  people  would 
seriously  make  that  contention  to-day.  Those  who  do 
are  usually  the  people  who  forget  that  a  man's  life  is  not 
all  lived  in  the  counting  house — that  part  of  his  work  con- 
sists in  facing  and  solving  the  great  problems  of  the  Here 
and  Hereafter — that  he  is  bound  to  serve  his  com- 
munity as  an  intelligent  and  public  spirited  citizen,  and 
to  lend  the  weight  of  his  character  and  influence  to  the 
conduct  of  public  affairs.  Such  a  man  is  a  practical  man 
in  the  truest  sense.  He  will  be  ready  for  all  the  emergen- 
cies of  life.  You  will  never  catch  him  oft'  his  guard. 
Probably  the  revivalist  had  a  university  training  of  whom 
the  story  is  told  that  he  depicted  the  terrors  of  hell  in 
lurid  colors  and  warned  his  hearers  that  in  hell  there 
should  be  weeping  and  gnashing  of  teeth.  An  old  lady  in 
the  front  row  quickly  responded,  "That  doesn't  apply  to 
me — I  have  no  teeth."  "  Madam,"  he  said  with  commend- 
able readiness,  "teeth  will  be  provided."  No,  my  friends, 
university  men  are  not  the  unpractical  men.  Their  train- 
ing has  taught  them  that  if  the  world  is  to  become  better 
they  must  pitch  in  and  work  for  the  great  result.  Tlie 
unpractical  men  are  those  who  fondly  imagine  that  the 
world  is  to  be  reformed  by  eloquent  and  copious  denun- 
ciation of  those  who  are  sweating  in  life's  struggle;  who 
think  that  they  are  serving  their  country  when  they  pass 
scathing  resolutions  condemning  the  policy  of  the  admin- 
istration in  dealing  with  a  situation  which  they  themselves 
would  make  a  hopeless  mess  of — who  suppose  that 
attacks  on  individuals  and  the  use  of  unkind  and  untrue 
and  disrespectful  language  about  the  President  and  his 
advisers  are  useful  contributions  to  the  solution  of  the 
problems  which  we  have  in  hand.  Some  of  them,  I 
believe,   are    holding   a  mtn'ting    in   a   neighboring    iiall 


170  "The  University  of  Pennsylvania." 

to-night.  To-morrow  you  will  see  the  account  of  their 
proceedings  in  the  papers.  Do  you  suppose  you  will  find 
therein  any  helpful  or  practical  or  constructive  suggestion? 
Not  a  line — not  a  word — not  a  syllable — not  an  inarticulate 
attempt  to  utter  a  helpful  syllable.  These  people  might 
well  learn  a  lesson  from  the  helpful  suggestiveness  of  a 
University  man  who  was  appealed  to  by  a  lady  sitting 
next  him  at  a  luncheon.  "  Oh,  sir,"  she  said,  "  I  have 
just  dropped  an  egg  on  the  floor ;  what  shall  I  do?  " — to 
which  he  promptly  responded,  "Cackle,  Madam,  cackle." 
The  duty  of  the  University  to  the  Community  is 
something  intensely  practical.  It  is  to  hold  aloft  an 
ideal  of  education  and  culture  and  to  strive  to  realize 
that  ideal  in  the  person  of  its  graduates.  The  community 
has  a  right  to  subject  university  men  to  searching  criti- 
cism. But  it  must  not  be  perverse  and  unintelligent  criti- 
cism. The  University  does  not  pretend  that  every  graduate 
in  Arts  is  a  ripe  scholar  or  that  every  M.  D.  is  an  experi- 
enced practitioner  or  that  every  graduate  in  law  is  a 
storehouse  of  legal  information.  The  University  in  the 
course  in  Arts  aims  to  give  a  rounded  development  to 
a  young  man's  mental,  moral  and  even  physical  nature  ; 
to  take  the  conceit  out  of  him  ;  to  drive  him  into  the  posi- 
tion of  a  learner  ;  to  give  him  an  enthusiasm  for  the  in- 
tellectual life.  The  Law  School  aims  to  train  a  man  to 
think  like  a  lawyer,  to  catch  the  spirit  of  the  law's  devel- 
opment, to  analyze  an  authority  and  to  determine  its 
significance,  to  grasp  the  relation  of  our  law  to  our 
political  and  economic  development.  If  this  is  accom- 
plished he  may  be  trusted  (without  further  aid  from  the 
University)  quickly  to  perfect  himself  in  details  of  prac- 
tice and  to  ascertain  by  inquiry  when  it  is  that  jury 
trials  are  held  in  Perry  County  and  whether  in  Venango 
a  mortgage  is  discharged  by  an  Orphan's  Court  sale. 
University  students  must  be  in  earnest.  There  is  no 
place  for  triflers.  The  University  authorities  would  not 
deal  lightly  with  the  youth  who  composed    this  epitaph 


Remarks  of  Francis  L.   Patton.  171 

for  his  own   tomb :     *'  An   indulgent  son,   ambitious  for 
his  father,  he  was  patient  in  the  pursuit  of  pleasure." 

Your  pardon  for  so  long-  a  speech.  The  subject  and 
the  occasion  carry  me  out  of  myself.  I  shall  not  have 
failed  in  my  purpose  if  I  can  convince  you  that  the  Uni- 
versity of  Pennsylvania  realizes  the  weight  of  the  respon- 
sibility which  is  laid  upon  her  in  virtue  of  her  glorious 
pa«t  and  her  opportunities  for  a  still  more  glorious  future. 
Realizing  her  responsibility  is  the  first  step  towards  the 
discharge  of  it.  We  are  assembled  together  to  signalize 
the  visible  result  of  her  effort  to  do  her  duty  in  one  of 
her  many  fields  of  activity.  Gentlemen  of  the  Philadel- 
phia Bar,  I  know  I  speak  for  the  Provost  when  I  say  that 
you  have  made  the  Law  School  Building  a  possibility — a 
reality.  You  and  the  rest  of  the  community  occupy  a 
similar  position  toward  all  the  departments  of  the  Uni- 
versitv's  work.  Give  her,  my  friends,  your  sympathy, 
your  affection,  your  support.  Stand  by  her  in  times  of 
adversity.  Rejoice  with  her  in  this  season  of  prosperity. 
So  shall  you  encourage  her  in  her  patient  search  for  ulti- 
mate truth  and  strengthen  her  in  her  ceaseless  struggle 
for  a  larger  measure  of  culture  and  of  light. 

The  Toastmaster  here  departed  from  the  printed 
program  to  call  on  Dr.  FRANCIS  L.  Patton,  President 
of  Princeton  University,  for  a  few  remarks. 

President  Patton  spoke  briefly  on  the  relations  of  the 
theological  and  legal  professions,  and  dwelt  on  theobliga- 
titjn  of  the  American  Bar  to  the  universities  of  the  world 
for  the  work  done  by  them  in  fundamental  jurisprudence. 

"  We  have  come  to-day,"  he  continued  "  to  an  era 
when  the  prevailing  question  is  the  social  organism. 
There  never  was  a  time  when  we  felt  so  much  that  the 
proper  study  of  mankind  is  man.  We  must  now  consider 
the  relations  in  which  we  stand  to  others,  and  make  the 
practical  application  of  the  moral  law  in  studies  of  the 
moral  and  social  relations  among  new  peoples. 


172  "The  American  Lawyer."        * 

"  I  congratulate  the  University  of  Pennsylvania  upon 
its  work.  I  go  home  jealous  to  the  last  degree  of  your 
splendid  position.  I  am  ambitious  that  in  time  soon  com- 
ing we  may  rival  you  in  the  establishment  of  a  law  school 
on  these  same  lines,  and  with  something  like  the  same 
kind  of  equipment." 

To  the  toast  "  The  American  Lawyer"  Mr.  John 
E.  Parsons,  spoke  as  follows : 

Many  here,  no  doubt,  are  familiar  with  the  inscrip- 
tion over  the  principal  portal  of  St.  Paul's  Cathedral  in 
London,  which  commemorates  the  architect  of  the  build- 
ing, Sir  Christopher  Wren,  Sz  monumentmn  requiris^ 
circumspice.  If  you  would  seek  his  monument  behold, 
the  toast  "  The  American  Lawyer  "  to  which  I  am  to  re- 
spond here  answers  itself.  The  American  Bar  can  furnish 
no  more  representative  assemblage  than  is  gathered  to- 
gether in  this  place.  All  that  is  illustrious  is  represented 
by  my  brothers  of  the  profession  and  by  the  distinguished 
judges  who  have  graced  this  occasion  with  their  presence. 
If  one  would  know  about  the  American  lawyer,  here  are 
illustrations.  Studv  their  careers.  Become  familiar  with 
their  characteristics. 

To  such  I  can  say  little,  if  anything,  which  does  not 
come  to  your  minds  when  you  consider  the  noble  science 
to  which  you  have  devoted  your  lives  and  recall  that  the 
history  of  the  profession  to  which  you  belong  goes  back 
to  the  remotest  antiquity,  and  that  in  its  membership  have 
been  enrolled  names  of  the  most  useful  and  distinguished 
men  of  ancient  and  modern  times.  It  is  essential  to  the 
regulation  of  society  that  there  shall  be  a  system  of  law 
and  that  it  shall  rule  and  regulate  the  transactions  of  men ; 
furnish  security  and  protection  ;  to  which  all,  rich  and 
poor,  high  and  humble,  may  appeal  with  full  confidence 
that  by  it  their  rights  will  be  protected  and  their  wrongs 
redressed.  The  law  is  superior  to  force.  It  is  stronger 
than  the  caprice  of  sovereigns.     And  as  it  is  essential  to 


I 


fi 


Response  of  John  E.   Parsons.  173 

its  well-being-  that  society  shall  be  governed  by  such  a 
system,  so  does  it  follow  that  there  shall  be  a  class  upon 
whom  shall  be  put  the  responsbility  of  representing  those 
whose  interests,  whether  of  life  or  of  property,  shall  be  at 
stake,  and  who  shall  devote  time  and  talent  to  fit  them- 
selves to  render  just  such  service. 

It  is  of  the  American  lawyer  that  I  am  to  speak.     As 
an  American  lawyer,   I  must  avoid  anything  like  vain- 
glory-  or  unsuitable  eulogy   of  the   profession  or  of   its 
members.     The  late  distinguished  Lord  Chief  Justice  of 
England,  Lord  Coleridge,  in  his  farewell  address  in  New 
York  on  the  occasion  of  his  visit  here,  in  contrasting  his 
country  with  ours  made  little  reference  directly  to  Eng- 
land.    His  illustration  of  true  greatness  was  taken  from 
Holland,  of  which  he  spoke  as  a  land  rescued   from  the 
sea  by  the  labor  and  intelligence  of  its    inhabitants,  and 
made  a  model  of  what  could  be  accomplished  by  industry, 
intelligence  and  patriotism.     The   minds  of  his  hearers 
were  left  to  cross  the  Channel,   and   in   thinking  of  the 
achievements  of  the  country  that  was  mentioned,  to  pic- 
ture the  greater  achievements  of  the  country   that  was 
nut.     And  so,    perhaps,   in   any   attempt   to   portray   the 
American  lawyer,  it  may  not  be  amiss  first  to  say  a  few 
words  about  the  lawyers  of  England  and  France,  between 
which   countries  and   ourselves  the  relations  have  been 
the  closest.     Naturally  our  thoughts  turn   first  to   Eng- 
land.    The  story  of  its  administration  of  the  law  and  of 
its  lawyers  is  preserved  from  the  time  of  the  Conqueror 
and  before.     It  has   been    illuminated    by    some  of   the 
grandest  names  in  English  history.     What  lawyer  can 
ever  forget  Eldon  and  Erskine,  Hardwicke  and  Thurlow, 
the    great   Lord    Mansfield,    Lord   Somers,   Sir   MatHiew 
Hale,    Sir    Edward    Coke?     The   list   is   endless.     Lord 
Campbell  has  made  us  accjuainted   with  their  character- 
istics, their   peculiarities  of   mind   and   temper.     History 
tells  of  the  achievements  of  these  noble  men.     To  a  nota- 
ble  career  at  the  Bar  most   of    them   added    invaluable 


1/4  "The  American  Lawyer." 

service  upon  the  Bench.  And  yet  there  is  little  similarity 
between  the  American  lawyer  and  an  English  barrister, 
and  less  similarity  between  an  American  lawyer  and  an 
English  attorney  or  solicitor.  The  division  of  the  pro- 
fession into  the  two  ranks  creates  a  radical  difference. 
Whether  the  system  is  wise  or  unwise  by  comparison 
with  ours  has  been  a  fruitful  subject  of  discussion.  It  is 
not  easy  to  pronounce  an  absolute  judgment  in  favor  of 
one  system  or  the  other.  I  have  no  doubt  that  it  is  in 
the  interest  of  those  who  practice  law  that  there  should  be 
no  such  division. 

Mr.  James  Grant  in  his  book  on  the  Bench  and  Bar, 
published  in  1838,  says  that  at  that  time  the  number  of 
gentlemen  belonging  to  the  English  Bar  was  nearly 
6,000 ;  that  of  that  number  there  were  1,500  whose  names 
were  upon  the  law  list ;  and  yet  that  not  more  than  per- 
haps seventy  or  eighty  had  anything  to  do  worthy  of  the 
name  of  business.  Nothing  is  more  agreeable  than  the 
professional  life  of  a  successful  barrister  in  London.  His 
income  is  assured,  his  fees  are  paid  in  advance.  Mr. 
Grant  describes  his  income  at  that  time  as  princely.  It 
might  reach  to  as  high  as  six  to  eight  thousand  pounds, 
and  in  exceptional  cases  to  even  twelve  thousand.  But 
I  confess  that  my  sympathy  has  always  been  with  those 
other  members,  to  whom  a  guinea  fee  was  a  God- 
send, and  who,  having  dined  themselves  into  the  profes- 
sion, soon  reached  a  time  when  for  them  a  dinner  was 
impossible  from  the  profession. 

I  have  often  been  in  the  English  courts.  I  have 
witnessed  the  conduct  of  cases  by  such  distinguished 
lawyers  as  Hawkins,  Karslake,  Coleridge,  Henry  James, 
Roundell  Palmer,  Sir  Richard  Webster.  They  are  pro- 
found in  their  knowledge  of  the  law  ;  convincing  in  argu-  1 
ment ;  admirable  in  the  directness  and  succinctness  with 
,  which  they  go  to  the  heart  of  their  subject.  But  so  far 
as  concerns  the  interests  of  clients,  I  do  not  think  that  we 
need  to  fear  in  a  comparison  between  them  and  the  lead- 


Response  of  John   E.  Parsons.  175 

ing-  members  of  the  profession  here.  The  relegation  to 
soHcitors  and  attorneys  of  the  responsible  preparation  of 
the  case  frequently  results  in  a  want  of  original  famili- 
aritv  with  it  bv  the  barrister  who  is  to  conduct  it.  I 
think  that  the  lawyers  here  will  ag-ree  with  me  that  to 
insure  success,  as  far  as  possible  the  case  should  be 
thoroug'hlv  understood  from  the  beg"inning  and  that 
what  is  possible  should  be  known  hv  the  lawyer  of  the 
case  of  his  adversary. 

We  are  apt  to  concede  to  the  English  Bar  a  more 
elevated  standard  of  professional  ethics  than  we  claim, 
by  and  large,  for  ourselves.  It  may  solace  us  to  remem- 
ber that  while  Eng^land  has  furnished  to  the  profession 
some  of  its  noblest  members,  ignoble  names  too  have 
crept  into  its  ranks.     In  England  there  was  a  Jeflfries. 

Mv  friend  and  predecessor  as  President  of  the  Bar 
Association  of  the  City  of  New  York,  Mr.  William  Allen 
Buder,  in  his  little  pamphlet  of  "  Lawyer  and  Client,"  in 
speaking  of  the  disrepute  into  which  the  profession  had 
fallen  not  long  after  Hampden  and  his  noble  band  had 
fought  their  batde  for  English  liberty  and  constitu- 
tional law,  refers  to  tracts  which  were  then  being  issued 
from  the  press  with  such  titles  as  these  :  "  The  Downfall 
of  Unjust  Lawyers,"  "  Doomsday  Drawing  Near,"  "The 
Thunder  and  Lightning  for  Lawyers"  (1645,  by  John 
Rogers),  "  A  Rod  for  the  Lawyers"  (1659,  by  William 
Cole).  It  was  of  English  lawyers  that  these  tracts  were 
written.  And  for  the  matter  of  that,  the  opprobrium 
which  at  times  has  visited  the  profession  has  come  largely 
from  such  great  names  in  English  literature  as  those  of 
Milton,  Wadsworth  and  Dean  Swift,  and  they  only  echo 
what  Juvenal  had  said  centuries  before. 

Mr.  Butler  repeats  Ben  Johnson's  epitaph  on  Justice 
Ranrlall  as  condensing  in  a  couplet  the  popular  csliinate 
of  the  profession  : 

("lod  works  wonders  now  and  tlicn, 
Here  lyes  a  lawyer,  an  honest  man. 


1/6 


'•  The  American  Lawyer." 


The  history  of  the  law  and  of  lawyers  in  France  ex- 
tends to  the  time  when  Gaul  was  a  Roman  province. 
There  lawyers  have  played  a  more  important  part  in 
public  affairs  than  has  ever  been  the  case  in  England. 
French  writers  claim  for  their  lawyers  greater  brilliancy 
of  eloquence  than  consorts  with  our  more  plain,  direct 
and  practical  Anglo-Saxon  mode.  I  have  occasionally 
been  in  the  French  courts.  While  doubtless  they  reach 
accurate  results,  their  system  is  so  unlike  ours  that  they 
do  not  appeal  strongly  to  me.  Napoleon  had  frequent 
occasion  to  employ  lawyers.  To  them  in  principal  part 
he  owed  the  Civil  Code,  with  which  his  name  will  always 
be  associated ;  and  yet  he  entertained  the  feeling  of  in- 
difference or  antipathy  which  I  have  often  met  in  France 
towards  her  lawyers,  save  in  the  case  of  a  limited  number 
of  exceptional  distinction,  who  have  been  as  prominent, 
if  not  more  prominent,  out  of  the  profession  than  in  it. 

Louis  XVI  selected  for  his  trial  two  lawyers.  Turgot, 
in  a  public  lettter  to  the  Moniteur,  excused  himself  in 
terms  which  revealed  the  extreme  of  pusillanimity.  Tron- 
chet  stood  by  the  king ;  and  to  the  credit  of  the  profes- 
sion everywhere,  and  in  vindication  of  the  French  bar 
from  criticism,  which  is  prone  to  be  carping,  it  should 
always  be  remembered  that  Malesherbes,  at  seventy-one, 
volunteered  to  defend  the  king,  although  it  brought  him 
to  the  scaffold,  and  that  De  Seze  stood  by  his  royal  client 
with  a  boldness  and  courage  which  left  nothing  to  be 
desired,  saving  himself  by  flight. 

I  must  not  forget  that  it  is  of  the  American  lawyer 
that  I  am  to  speak.  How  does  he  rank  with  his  brethren 
across  the  sea  ?  Standing  here  one  must  remember  that 
if  the  founder  of  Pennsylvania  had  had  his  way,  either 
there  would  be  no  profession  of  the  law,  or  its  members 
would  be  in  sorry  plight.  **  Peace-makers "  were  the 
functionaries  upon  whom  William  Penn  preferred  to  rely 
to  adjust  the  differences  which  would  arise,  even  in  a 
community   which   was    composed    chiefly   of    Friends. 


Response  of  John  E.  Parsons.  177 

From  the  earliest  period  it  was  necessar}'  that  from  such 
a  tribunal  there  should  be  an  appeal  to  a  regularly  con- 
stituted court. 

The  late  Mr.  David  Paul  Brown,  in  his  work,  the 
"  Forum,"  gives  the  history  of  the  establishment  of  the 
Pennsylvania  Courts,  of  their  development,  and  msndons 
many  of  the  distinguished  names — Shippen,  Willing, 
McKean,  Dallas,  and  a  numberless  list  of  others  whose 
achievements  have  made  of  Philadelphia  lawyers  a  dis- 
tinct class. 

When  we  recall  such  lawyers  as  Jay  and  Hamilton, 
Webster  and  Wirt,  Choate,  Marshall  and  Story,  Henry 
and  Lowndes,  the  late  Mr.  O'Connor,  the  late  Judge 
Benjamin  R.  Curtis,  Black  and  BuUer,  and  the  distin- 
guished Philadelphians  whom  I  have  mentioned,  we 
must  be  sensible  that  the  standard  of  the  profession 
among  us  hsis  been  high,  and  that,  without  boastfulness, 
we  may  claim  that  the  American  lawyer  stands  well  in 
comparison  with  the  lawyers  of  England  and  of  the  Con- 
tinent. It  has  never  seemed  to  me  that  those  who  aspire 
to  become  members  of  the  Bar  need  fear,  because  they 
are  sensible  that  they  do  not  possess  the  highest  order  of 
intellectual  endowment.  Few  in  any  walk  of  life  do.  The 
fable  of  the  hare  and  the  tortoise  is  often  illustrated 
among  lawyers.  Mere  brilliancy  will  make  a  lawyer 
neither  useful  to  his  client  nor  successful  in  his  practice. 
Absolute  integrity,  fidelity  to  those  who  entrust  him  with 
their  interests,  a  conscientious  bestowal  of  his  best  efforts 
to  the  work  in  hand— these  are  the  characteristics  which, 
in  my  judgment,  will  give  to  an  American  lawyer  a  cred- 
itable career,  even  if  he  fails  to  reach  the  highest  rung 
of  the  ladder. 

A  bill  in  the  Legislature  of  my  State  is  being  opposed 
by  our  Bar  A.ssociation.  It  might  read  "An  act  to  make 
John  Smith  a  lawyer."  I  do  not  need  to  tell  you  that 
the  John  Smith  of  the  bill  is  a  leading  politician  ambitious 
to  enter  the   ranks  of    the   prof(.'ssion   from    the   humbler 


178  "The  American  Lawyer." 

position  which  he  now  occupies.  In  no  such  way  can  a 
lawyer  be  made.  Work — earnest,  steady,  untiring  work 
— is  essential  to  turn  the  ordinary  man  into  the  ordinary 
lawyer.  But  my  experience  of  the  past  forty  years 
assures  me  that,  if  there  be  this  willingness  to  work,  the 
aspirant  for  professional  success  does  not  need  to  fear.  I 
claim  for  the  profession  in  America  a  high  degree  of 
moral  excellence.  To  no  members  of  society  come  the 
same  temptations ;  none  have  the  same  opportunity  of 
benefitting  themselves  at  the  expense  of  others.  During 
the  last  forty  years  I  have  been  acquainted  with  a  large 
proportion  of  the  large  number  of  lawyers  in  New  York. 
I  can  remember  only  four  occupying  anything  like  a 
prominent  position,  who,  in  yielding  to  temptation,  have 
been  untrue  to  themselves  and  to  the  profession. 

In  no  other  place  is  the  public  life  of  a  country  so 
dependent  upon  lawyers  as  with  us.  From  the  formation 
of  the  government  they  have  controlled  in  the  Houses  of 
Congress,  in  State  Legislatures,  in  public  place.  Here 
there  is  a  marked  difference  as  compared  with  England. 
It  has  often  been  remarked  that  lawyers  have  not  been  a 
success  in  the  House  of  Commons.  In  America  legislative 
action  and  the  conduct  of  the  government  are  largely 
dependent  upon  them.  From  my  own  observation  and 
experience,  I  claim  for  the  members  of  the  Bar  that  they 
will  be  found  in  the  forefront  of  movements  for  reform, 
that  in  the  main  they  may  be  depended  upon  to  be  on  the 
right  side  in  public  matters.  The  interests  of  the  State 
are  largely  dependent  upon  the  American  lawyer.  The 
interests  of  his  clients  are  absolutely  dependent  upon  him. 
Whether  it  is  the  fee  which  he  receives  or  the  public  duty 
which  he  recognizes,  the  American  lawyer  is  committed 
to  a  course  of  truth,  fidelity  and  uprightness.      It  is  easy  M 

to  sneer.  We  who  belong  to  the  profession  have  the 
right  to  take  pride  in  the  fact  that  we  are  American 
lawyers. 


Response  of  Richard  C.   Dale.  179 

The  last  toast  of  the  evening-  was  "  The  Philadelphia 
Lawyer,"  to  which  Mr.  Richard  C.  Dale,  of  the  Phila- 
delphia Bar,  responded  as  follows  : 

The  Philadelphia  lawyer  has  the  incentive  of  a  j^reat 
past.  The  pacific  temper  of  the  founder  of  this  Common- 
wealth g-ave  no  intimation  that  the  City  of  Brotherly  Love 
would  be  the  first  home  of  the  American  lawyer. 

.    In  the  body  of  laws  framed  in  England  for  the  colony 
in  1682  it  was  provided  : 

'*  That  in  all  courts  all  persons  of  all  persuasions  may 
fully  appear  in  their  own  way,  and  according  to  their  own 
manner,  and  there  personally  plead  their  own  cause  them- 
selves, or.  if  unable,  by  their  friend,  with  the  further 
requirement  that 

"  Before  the  complaint  of  any  person  be  received  he 
shall  solemnly  declare  in  court  that  he  believes  in  his  con- 
science his  cause  is  just.*' 

This  attempt  to  conduct  the  controversies  of  the 
community  without  the  aid  of  a  trained  Bar  soon  demon- 
strated its  inherent  impracticability.  In  the  earliest  State 
Constitution  of  1776  we  find  the  lawyer  recog^nized  in  the 
clause  : 

"  That  in  all  prosecutions  for  criminal  offences  a  man 
hath  a  right  to  be  heard  by  himself  or  his  counsel." 

But  long  before  the  Constitution  of  1776  the  Phila- 
delphia lawyer  made  himself  heard.  In  1735  Andrew 
Hamilton,  called  by  Gouverneur  Morris  "  The  Day  Star  of 
the  American  Revolution,"  was  summoned  from  Philadel- 
phia to  defend  before  the  Provincial  Court  of  New  York 
John  Peter  Zenger,  indicted  for  a  seditious  libel  against 
the  Governor  General  of  the  province.  Declining  any  fee 
for  his  services,  he  was  presented  with  the  freedom  of  that 
city  in  a  gold  box. 

Referring  to  Hamilton's  defence  of  this  case  Mr. 
Binney  says : 

"  It  is  worth  remembering,  and  to  his  honor,  that  lie 
was  half  a   century  before  Mr.  Lrskine  and  the  declara- 


l8o  "The  Philadelphia  Lawyer." 

tory  act  of  Mr.  Fox  in  asserting  the  right  of  the  jury  to 
give  a  general  verdict  in  libel  as  much  as  in  murder,  and, 
in  spite  of  the  Court,  the  jury  believed  him,  and  acquitted 
his  client." 

The  courage,  vigor  of  thought  and  eloquence  of 
Andrew  Hamilton  marked  an  era  in  colonial  history,  and 
the  sentiment  with  which  he  closed  his  great  address  to 
the  jury  is  worthy  of  perpetual  preservation  : 

"  The  liberty  both  of  exposing  and  opposing  arbitrary 
power  by  speaking  and  writing  truth." 

Andrew  Hamilton  shortly  after  this  trial  became  a 
Judge  of  the  Admiralty  for  the  province  of  Pennsylvania, 
and  upon  his  death  was  succeeded  by  Tench  Francis,  of 
whom  it  was  said  by  Chief  Justice  Tilghman  in  Lyle  v. 
Richards : 

"  In  the  year  1745  it  was  supposed  that  Mr.  Francis 
was  the  most  eminent  lawyer  in  Pennsylvania.  He 
appears  to  have  been  the  first  of  our  lawyers  who  mastered 
the  technical  difficulties  of  the  profession.  His  precedents 
of  pleadings  which  have  been  handed  down,  and  his  com- 
mon law  book,  are  evidence  of  his  great  industry  and 
accuracy." 

The  records,  however,  of  the  Colonial  Bar  are  so 
meagre  that  Mr.  Binney,  in  his  "  Reminiscenes  of  the  Old 
Bar,"  began  the  history  of  that  Bar  with  the  men  who 
were  its  leaders  after  the  Revolution,  saying : 

"Of  the  primitive  Bar  of  the  province  we  know 
nothing,  and  next  to  nothing  of  the  men  who  appeared 
at  it  from  time  to  time  up  to  the  termination  of  the  Col- 
onial Government."  We  may  be  certain,  however,  that 
even  before  the  Revolution  its  standard  of  learning  was 
high  and  its  character  is  evidenced  by  the  men  who  were 
leaders  immediately  after. 

Upon  the  adoption  of  the  Federal  Constitution,  the 
Supreme  Court  of  the  United  States  held  its  sessions  in 
Philadelphia  until  1798.  The  reports  of  its  decisions,  as 
found  in  the  volumes  of  Dallas,  show  that  during  these 


Response  of  Richard  C.   Dale.  i8i 

early  years  a  large  majority  of  all  the  cases  were  pre- 
sented by  Philadelphia  lawyers.  William  Lewis,  Edward 
Tilghman,  Jared  Ingersoll  and  the  elder  Rawle  appear 
in  continuous  reiteration.  These  were  the  men  who  gave 
to  the  name  of  Philadelphia  lawyer  that  peculiar  tone 
which  we  hope  will  always  be  theirs.  Of  Edward  Tilgh- 
man  it  was  said  by  Judge  Duncan  : 

"  That  he  could  untie  the  knots  of  a  contingent 
remainder  or  executory  devise  as  familiarly  as  he  could 
his  garter."  And  yet  Mr.  Binney  was  able  to  say  of 
him,  also : 

"With  juries  he  was  nearly  irresistible.  He  talked 
to  the  panel  as  if  he  were  one  of  them." 

Of  Jared  Ingersoll,  Mr.  Binney  referring  to  the  fact 
that  he  and  Mr.  Sergeant  had  been  students  in  Mr. 
IngersoH's  office,  said : 

"  A  name  that  I  can  never  mention  without  the  pro- 
foundest  veneration,  as  my  master  and  guide  in  the  law." 

After  such  praise  from  such  a  source  nothing  more 
can  be  added. 

When  the  Supreme  Court  was-  removed  to  Washing- 
ton we  find  the  Philadelphia  lawyer  continuously  appear- 
ing, and  until  1835,  Horace  Binney,  John  Sergeant  and 
Joseph  Hopkinson,  the  leaders  of  the  second  generation, 
held  a  prominent  place  in  the  great  arguments  before 
that  court. 

With  the  growth  of  population,  the  establishment  of 
new  centers  of  industry  and  learning,  the  legal  business 
of  the  country  localized,  and  no  city  bar  could  gather  to 
itself  the  litigation  of  a  nation,  but  the  Bar  of  Phila- 
delphia still  maintained  its  high  standard. 

At  the  end  of  the  century  as  we  look  back  at  the 
galaxy  who  from  1830  to  1880  maintained  the  succession 
— the  men  at  whose  feet  we  sat — we  understand  how  it 
has  earned  for  tiie  Philadeli)hia  lawyer  a  name  which 
opens  for  him  with  a  welcome  the  doors  of  every  court 
house  from  Maine  to  Oregon  and  Texas. 


i82  "The  Philadelphia  Lawyer," 

To  the  Bench  and  Bar  of  the  jurisdictions  gathered 
with  us  to-night,  I  tender  the  thanks  of  the  Philadelphia 
lawyer  for  this  welcome. 

The  relations  which  have  existed  between  the  Seniors 
and  Juniors  of  the  Bar  through  these  successive  genera- 
tions have  happily  been  most  intimate.  The  accumulated 
wisdom  and  experience  of  years  has  been  freely  placed 
by  the  sages  at  the  command  of  every  eager  aspirant. 
This  tradition  of  true  learning  could  never  have  been 
found  in  the  books,  and  from  it,  and  the  habits  of 
thought  consequent,  much  of  the  distinction  of  this  Bar 
has  come.  Mr.  Binney  gives  testimony  to  it  in  his  remi- 
niscences, saying  : 

"A  lawyer  who  has  passed  his  youth  and  early  man- 
hood in  the  society  of  such  men  is  the  happier  for  it 
through  life,  and  especially  in  old  age." 

We  have  heard  from  the  older  generation  how  in 
their  youth  Mr.  Binney  paid  to  his  juniors  the  debt  in- 
curred through  his  relations  with  what  to  him  was  the 
"  Old  Bar,"  and  the  great  majority  of  those  present  here 
to-night  have  themselves  the  most  vivid  appreciation  of 
my  meaning,  for  the  same  debt  was  repaid  to  this  genera- 
tion in  the  amplest  measure  by  Judge  John  Cadwalader, 
George  W.  Biddle  and  Richard  C.  McMurtrie. 

The  Philadelphia  lawyer  has  had  fame  not  only  for 
learning.  The  traditions  of  the  Bar  have  required  every 
man  who  claims  the  name  to  recognize  the  obligations 
which  membership  in  the  profession  entails. 

The  Philadelphia  lawyer,  as  he  has  been  known,  as 
we  hope  he  will  always  be  known,  is  the  member  of  a 
profession,  an  officer  of  the  law.  The  only  service  he 
undertakes  is  the  service  of  the  law.  While  there  is  no 
degree  "  Sergeant  at  Law,"  we  claim  to  be  servientes  ad 
legem  !  We  avouch  our  allegiance  to  one  jealous  mis- 
tress, and  know  no  other  master.  Clients  stand  to  us  as 
they  did  in  the  days  of  ancient  Rome,  persons  seeking 
our  protection,  but  never  entitled  to  command  our  actions. 


Remarks  of  Wu  Ting- fang.  1S3 

They  may  require  us  to  invoke  the  law  in  their  aid  ;  they 
may  never  demand  that  we  nuUify  any  law  for  their 
advantage.  Standing-  on  this  plane,  we  may  be  ever 
mindful  of  our  oath  of  admission. 

"  With  all  fidelity  to  the  Court,  as  well  as  to  the 
client." 

I  opened  by  saving  the  Philadelphia  lawyer  has  the 
incentive  of  a  great  past.  That  there  may  be  a  great 
future  is  the  cherished  hope  of  every  man  here  to-night. 
For  the  fulfillment  of  that  hope  we  chiefly  look  to  the 
school,  which  now  enters  upon  a  new  era.  The  names 
of  the  great  Philadelphia  lawyers  of  the  past  have  fittingly 
been  identified  with  the  new  building.  May  we  not  antici- 
pate that  their  mantle  will  fall  upon  those  to  whom  will 
be  committed  the  name  and  fame  of  the  Philadelphia 
lawyer  for  the  century  that  is  to  come  ? 

As  the  company  was  about  to  disperse,  the  toast- 
master  called  upon  Mr.  Wu  Ting-Fang  for  a  speech. 
Mr.  Wu  protested  that  it  was  not  fair  to  ask  him  to 
address  the  company.  Confucius,  the  great  Chinese 
sage,  had  said  that  a  person  should  not  talk  at  dinner. 
Being  a  follower  of  Confucius,  he  felt  himself  bound  to 
observe  his  doctrine,  but,  being  a  lawyer,  and  as  the 
company  were  then  smoking,  and  not  eating,  he  sup- 
posed he  would  be  justified  in  breaking  silence. 

Mr.  Wu  then  spoke  for  a  few  minutes,  in  his  inimi- 
table style,  and  concluded  by  proposing  the  health  of  the 
toast-master  ;  after  which  the  company  dispersed. 


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-]   ENTRANCE   |~ 


DIAGRAM  OF  TABLES  AND  SEATS  IN  HORTICULTURAL  HALL, 

SHOWING  LOCATION  OF  GUESTS. 


Arrangement  of  Seats.  1S5 

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GUESTS  ACTENDING  T/f/i  liAR  DISS  UK.    WITH  I.OCATIOS 

OF  SUA  IS. 


I 


APPENDIX. 


: 


i 
I 


SPECIAL  GUESTS. 
List  of  Special  Guests  of  the  University  of  Pennsylvania, 

His  ExciiLi  fescv  Senok  Don  Manuel  De  Azpiuoz, 

Ambassidor    of    Mexico    to    United     States,    representing  His 
Excellency  I'orkirio  Diaz,    President  of  Mexico. 

Hon.  John  Marshall  Harlan, 

Senior  Justice  of  the  United  States  Supreme  Court. 

Sir  Charles  Arthur  Roe, 
Oxford  University. 

Hon.  G.  R.  Finch,   M.A., 

Cambridge  University. 

His  Excellency  Wu  Ting  Fang, 

Envoy  Extraordinarj'  and  Minister  Plenipotentiary  from  China 
to  the  United  States. 

Hon.  Oscar  S.  Straus, 

Envoy  Extraordinary  and  Minister  Plenipotentiary  from  United 
States  to  Turkey. 

Hon.  President  Charles  K.  Ada.ms,  LL. D.,  ^ 

University  of  Wisconsin. 

Dean  Jami:s  Bakr  Ames,  LL.D., 
Harvard  University. 

Hon.  President  Ja.mes  B.  Angell,  LL.D. . 
University  of  .Michigan. 

Dean  Philii*  M.  Bikle,   Ph.D., 
Pennsylvania  Coilefje. 

President  WiLLiA.M  W.  Birdsall,   .M.A., 
Swarthmore  College.  t 

Hon.  President  Joseph  H.  Chamherlin,    I.rrr.  D., 
Marietta  College. 

Chancellor  Winfield  S.  Chaplin,  LL.D., 
Washington  University. 

PRESIDE.ST  Tho.mas  M.  Drown,  LL.D., 
I^high  University. 

I'RESiDENT  Daniel  C.  Gilma:  ,   LL.D., 
Johns  Hopkins  University. 


190  Special  Guests. 

President  George  E.  Harris,  D.D.,  LL.D., 
Amherst  College. 

President  John  H.  Harris,  Ph.D.,  LL.D., 

Bucknell  University. 
President  George  A.  Harter,  M.A.,  Ph.D., 

Delaware  College. 

Chancellor  W.  J.  Holland,  LL.D., 

Western  University  of  Pennsylvania. 

Chancellor  Emlin  McClain,  LL.  D., 
State  University  of  Iowa. 

Chancellor  Henry  M.  MacCracken,  D.  D.,  LL.  D., 
New  York  University. 

President  James  D.  Moffat,  D.D.,   LL.D., 
Washington  and  Jefferson  College. 

Rev.  President  Francis  L.  Patton,  D. L. .,   LL.D. 
Princeton  University. 

President  George  E.  Reed,  S.T.D.,  LL.D., 
Dickinson  College. 

President  Austin  Scott,  Ph.D.,  LL.D., 
Rutgers  College. 

President  Augustus  Schultze,  D.D., 
Moravian  College. 

President  Theodore  L.  Seip,  D.  D., 
Muhlenberg  College. 

President  Isaac  Sharpless,  Sc.D.  LL.D., 
Haverford  College. 

President  George  W.  Smith,  D.D.,  LL.D., 
Trinity  College. 

President  Henry  F.  Spangler,  D.D., 
Ursinus  College. 

President  John  S.  Stahr,  Ph.D.,  D.D., 
Franklin  and  Marshall  College. 

President  E.  D.  Warfield,  LL.D., 
Lafayette  College. 

President  Benaiah  L.  Whitman,  D.D.,  LL.D., 
Columbian  University,  Washington,  D.  C. 


Special  Guests.  191 


President  John  D.  Whitnev,  S.  J., 
Georgetown  University. 

Vice-Cha.ncellor  Be.njamin  L  Wiggins,  M.A., 
University  of  the  South. 


Dean  Clarence  D.  Ashley,   LL.D. , 

Representing  Law  Department,  New  York  University 

Hon.  Simeon  E.  Baldwin,  LL.D., 

Representing  Law  Faculty  of  Yale  University. 

Dean  Samuel  C.  Bennett,  LL.B., 

Representing  Law  Faculty,  Boston  University. 

Dean  W.  S.  Curtis.  LL.B., 

Representing  Law  School  of  Washington  University. 

Hon.  Henry  E.  Davis,  LL.D., 

Representing  Law  Faculty  of  National  University,  Washington, 
D.  C. 

Dean  J.  Ne\vton  Fiero,  LL.D., 

Representing  the  Albany  Law  School. 

Prof.  Charles  Noble  Gregory,  M.A.,  LL.B., 

Representing  the  Law  Faculty  of  the  University  of  Wisconsin. 

Hon.  Dean  William  F.  Hunter, 

Representing  the  Law  Faculty  of  Ohio  University. 

Dean  William  A  Keener,  LL.D., 

Representing  the  Law  Faculty  of  Columbian  University. 

Prof.  William  Minor  Lile,  B.  L., 

Representing  the  Law  Faculty  of  the  University  of  Virginia. 

Hon.  Martin  F.  Morris,   LL.D., 

Representing  Law  Faculty  of  Georgetown  University. 

Prof.  Charles  W.  Nekdham,  LL.D., 

Representing  Law  Faculty  of  Columbian  University,  Washington, 
D.  C. 

Dean  W.  S.  Pattee,  LL.  D., 

Representing  Law  Faculty,  University  of  Minnesota. 

Prof.  Cuthbert  W.  Pound, 

Representing  Law  Faculty,  Cornell  University. 

Hon.  John  D.  Shafer, 

Representing    Law    Faculty  of  Western   University  of  Pennsyl- 
vania. 


192  Special  Guests. 

Hon.  James  B,  Thayer,  LL.D., 

Representing  Law  Faculty  of  Harvard  University. 


Hon.  Joseph  Buffington, 

Judge  of  District  Court,  Western  District  of  Pennsylvania. 

Hon.  George  Gray, 

Judge  of  Circuit  Court,  Third  Circuit,  Wilmington,  Delaware. 
Hon.  Andrew  Kirkpatrick, 

Judge  of  District  Court  of  the  United  States  for  the  District  of 
New  Jersey. 

Hon.  William  H.   Taft, 

Ex-Judge  of  the  Circuit  Court,  Cincinnati,  Ohio. 
Hon.  Henry  Green, 

Chief  Justice  of  the  Supreme  Court  of  Pennsylvania. 

Hon.  Oliver  Wendell  Holmes, 

Judge  of  Supreme  Court  of  Massachusetts. 

Hon.  William  J.  Magie, 

Chief  Justice  of  the  State  of  New  Jersey. 

Hon.  Martin  P.  Grey, 

Vice  Chancellor  of  New  Jersey. 

Hon.  S.  Leslie  Mestrezat, 

Justice  of  the  Supreme  Court  of  Pennsylvania. 

Hon.  J.  Brewster  McCollum, 

Justice  of  Supreme  Court  of  Pennsylvania. 

Hon.  J.  Hay  Brown, 

Justice  of  the  Supreme  Court  of  Pennsylvania. 

Hon.  James  H.  Nixon, 

Judge  of  Court  of  Errors  and  Appeals,  New  Jersey. 

Hon.  Charles  E.  Rice, 

President  Judge  Superior  Court  of  Pennsylvania. 

Hon.  James  A,  Beaver, 

Judge  of  Superior  Court  of  Pennsylvania. 

Hon.  George  B.  Orlady, 

Judge  of  Superior  Court  of  Pennsylvania. 

Hon.  William  D.  Porter, 

Judge  of  Superior  Court  of  Pennsylvania. 

Hon.  Robert  W.  Archbald, 

President    Judge    of    Court    of    Common    Pleas,    Lackawanna 
County,  Pennsylvania. 


Special  Guests.  193 

Hon.  a.  V.  Barker, 

President  Judge  of  Court  of  Common  Pleas,  Cambria  County, 
Pennsylvania. 

Hon.  Oliver  P.  Bechtel, 

Judge  Court  of  Common   Pleas,  Schuylkill  County,  Pennsylvania. 

Hon.  Martin  Bkll, 

President  Judge  of  Court  of  Common  Pleas,  Blair  County,  Penn- 
sylvania. 

Hon.  Edw.\ki)  \V.  Bidole, 

President    Judge    of    Court    of    Common    Pleas,    Cumberland 
County,    Pennsylvania. 

Hon.  Willis  Bland, 

President  Judge  of  Orphans'  Court,  Berks  County,  Pennsylvania. 

Ho.n.  Allen  Craig, 

President  Judge   of  Court  of  Common  Pleas,    Carbon    County, 
Pennsylvania. 

Hon.  R.  L.  Crawford, 

President   Judge   of   Court  of  Common   Pleas,   Greene   County 
Pennsylvania. 

Hon.  George  S.  Criswell, 

President    Judge  of  Court  of  Common   Pleas,    Franklin  County, 
Pennsylvania. 

Hon.  Alfred  Darte, 

President   Judge  of  Court  of  Common    Pleas,    Luzerne  County, 
Pennsylvania. 

Hon.  Lucien  W.  Doty, 

l^resident   Judge   of    Court    of    Common    Pleas,    Westmoreland 
County,  Pennsylvania, 

Hon.  Edwin  M.  Dunham, 

President   Judge  of  Court  of  Common    Pleas,    .Sullivan  County, 
Pennsylvania. 

Hon.  p.   M.    Dinn, 

President  Judge  of  Orphans'    Court,    Schuylkill  County,    Penn- 
sylvania. 

Hon.  Henry  M.  Edward.s, 

Judge  of  Court  of  Common    Ple.is,    Lackawanna   County,  Penn- 
sylvania. 

Hon  Gustavk  A.  Endlich, 

Judge  of  Court  of  Common  I'lcas,   Berks   County,   {Pennsylvania. 


194  Special  Guests. 

Hon.  John  A.  Evans, 

Judge     of     Court    of     Common     Pleas,     Allegheny     County, 
Pennsylvania. 

Hon.  Robert  Sellers  Frazer, 

Judge  of  Court   of  Common   Pleas,  Allegheny   County,    Penn- 
sylvania. 

Hon.  John  M.  Greer, 

President  Judge  of    Court  of  Common    Pleas,    Butler   County, 
Pennsylvania. 

Hon.  John  M.  Kennedy, 

President  Judge  of  Court  of  Common  Pleas,  Allegheny  County, 
Pennsylvania. 

Hon.  Charles  I.  Landis, 

Judge  of  Court  of  Common   Pleas,     Lancaster   County,    Penn- 
sylvania. 

Hon.  Wilton  M.  Lindsey, 

President  Judge  of  Court  of  Common  Pleas,  Warren  and  Forest 
Counties,  Pennsylvania. 

Hon.  John  B.  Livingston, 

President  Judge  of  Court  of  Common  Pleas,  Lancaster  County, 
Pennsylvania. 

Hon.  J.  H.  Longenecker, 

President  Judge  of  Court  of  Common   Pleas,  Bedford  County, 
Pennsylvania. 

Hon.  John  G.  Love, 

President  Judge   of    Court   of    Common  Pleas,  Centre  County, 
Pennsylvania. 

Hon.  John  Lynch, 

Judge  of  Court  of  Common  Pleas,  Luzerne  County,  Pennsylvania. 

Hon.  Jeremiah  Lyons, 

President  Judge  of  Court  of  Common  Pleas,  Juniata  and  Perry 
Counties,  Pennsylvnnia. 

Hon.  Harold  M.  McClure, 

President  of  Court  of  Common  Pleas,  Union  and  Snyder  Coun- 
ties, Pennsylvania. 

Hon.  William  A.  Marr, 

Judge  of  Court  of  Common    Pleas,   Schuylkill   County,    Penn- 
sylvania. 


Special  Guests.  195 

Hon.  Thomas  A.  Morrison, 

Judge  of  Court   of   Common  Pleas,    McKean  County,   Pennsyl- 
vania. 

Hon.  James  M.  Over, 

Judge  of  Orphans'  Court,  I'ittsburg,  Pennsylvania. 

Hon.  John  W.  Rekd, 

President   Judge    Court    of  Common    Pleas,  Jefferson    County, 
Pennsylvania. 

Hon.  Eomund  H.  Reppekt, 

President  Judge  Court  of  Common  Pleas,  Fayette  County,  Penn- 
sylvania. 

Hon.  Clinton  R.  Savidge, 

President    Judge   Court    of    Common    Pleas,    Northumberland 
County,  Pennsylvania. 

Hon.  W.  W.  Schuyler, 

President  Judge  Court  of  Common  Pleas,  Northampton  County, 
Pennsylvania. 

Hon.  Daniel  M.  Searle, 

President  Judge  Court  of  Common  Pleas,  Susquehanna  County, 
Pennsylvania. 

Hon.  John  W.  Si.monton, 

President  Judge  of  Court   of  Common  Pleas,  Dauphin  County, 
Pennsylvania. 

Hon.  W.  F.  Bay  Stewart, 

Judge  of  Court  of  Common  Pleas,  York  County,  Pennsylvania. 

Hon.  Aaron  S.  Swartz, 

President   of  Court    of  Common    Pleas,    Montgomery    County, 
Pennsylvania. 

Hon.  Samuel  McC.  Swope, 

I'rcbident  Judge  of  Court  of  CommonPleas,    Adams   County, 
Pennsylvania. 

Hon.  Ja.mes  F.  Taylor, 

Judge  of  Court  of  Common  Pleas,  Washington  County,  Pennsyl- 
vania. 

Hon.  Fkank  J.    I  ho.mas, 

President  Judge  of  Court  of  Common  Pleas,  Crawford  County, 
Pennsylvania. 


196  Special  Guests. 

Hon.  J.  George  Wadlinger, 

Judge  of  Court  of  Common    Pleas,  Schuylkill  County,    Penn- 
sylvania. 

Hon.  Emory  A.  Walling, 

President  Judge  of  Court  of  Common  Pleas,  Erie  County,  Penn- 
sylvania. 

Hon.  R.  E.   Umbel, 

Judge  of  Court  of  Common  Pleas,  Fayette  County,  Pennsylvania. 

Hon.  Henry  K.  Weand, 

Judge  of  Court  of  Common  Pleas.  Montgomery  County,  Penn- 
sylvania. 

Hon.  John  W.  F.  White, 

President  Judge  of  Court  of  Common  Pleas,  Allegheny  County, 
Pennsylvania. 

Hon.  James  S.  Wilson, 

President  Judge  of  Court  of  Common  .Pleas,    Beaver   County, 
Pennsylvania. 

Hon.  Stanley  Woodward, 

President  Judge  of  Court  of  Common  Pleas,  Luzerne  County, 
Pennsylvania. 

Hon.  Harman  Yerkes, 

President   Judge  of  Court   of  Common    Pleas,   Bucks   County, 
Pennsylvania. 


Hon.  E.  a.  Armstrong, 

Judge  of  Camden  County  Courts,  New  Jersey. 

Hon.  Henry  M.  Clabaugh, 

Judge  of  Supreme  Court  of  District  of  Columbia. 

Hon.  Harry  S.  Douglas, 

Supreme  Court  Commissioner  of  Cape  May  Court  House,  New 
Jersey. 

Hon.  Joseph  M.  Gaskill, 

Judge  of  Burlington  County  Courts,  New  Jersey. 

Hon.  Charles  G.  Garrison, 

Judge  of  Supreme  Court  of  New  Jersey. 

Hon.  Thomas  J.  Morris, 

Judge  of  District  Court,  Baltimore,  Maryland.    • 

Hon.  Thomas  W.  Trenchard, 

Judge  of  Cumberland  County  Court,  New  Jersey. 


Special  Guests.  197 

Hon.   Edmi'nd  Wetmore, 

President  American  Bar  Association. 

Hon.  Francis  .M.  Finch. 

Representing  the  New  York  State  Bar  Association. 

Henry  P.^c.k,  Esq., 

President  Maryland  State  Bar  Association. 

John  E.  P.\rsons,  Esq., 

Representing  New  York  City  Bar  Association. 

Hon.  John  \V.  Griggs, 

Attorney  deneral  of  the  United  States. 

James  H.  McKenney,  Esq., 

Clerk  of  the  Supreme  Court  of  the  United  States 

Hon.  John  R.  Richards,  Esq,, 

Solicitor  General  of  the  United  States. 

Hon.  John  P.  Elkin, 

Attorney  General  of  Pennsylvania, 

Hon.  John  Prentiss  Poe, 
Maryland. 

Hon.  George  M.  Sharp, 
Maryland. 

James  C.  Carter,  Esq., 
New  York. 

Hon.  John  L  Cadwalader, 
New  York. 

Austen  G.  Fox,  Esq.. 
New  York. 

MooRFiELi)  Storey,  Esq.. 
Massachusetts. 

Hon.  Anth(jny  Higgin.s. 
Delaware. 

Everett  P.  Whicki.er,  Esq., 
New  York. 

Hon.  Wii.lia.m  I'incknev  Whytk, 
Maryland. 

Hon.  James  M.  Woolworth. 
Nebraska. 


198  Special  Guests. 

Baron  Herman, 

Attache  of  German  Embassy. 

RoLLO  Ogden,  Esq.  , 
New  York. 

Hon.  Talcott  Russell, 
Yale  University. 

Hon.  Nathan  C.  Schaeffer, 

Superintendent  of  Public  Instruction,  Harrisburg,  Pennsylvania. 

James  B.  Wasson,  Esq., 
New  York. 

In   addition   to  the  above  there  were  more  than  three  thousand 

guests. 


1 


Committees.  199 

Organizations  Aiding  in  the    Dedication  of  the 
Law  School  Building. 

The  following  organizations,  through  their  respective 
committees,  generously  assisted  in  the  reception  and 
entertainment  of  the  guests  of  the  University: 

The  Law  Association  of  Philadelphia. 

COMMITTEE. 

Samuel  Uickson,  Chancellor. 
Joseph  G.  Rosen^arten,  Silas  W.  Pettit, 

Richard  L.  Ashhurst,  Angelo  T  Freedley, 

John  Cadwalader,  A.   11.  Wintersteen, 

Samuel  W.  Pennypacker,  James  M.  Beck. 

The  Law  Academy  of  Philadelphia. 

COMMITTEE. 

William  MacLean,  Jr.,  Chairman. 
C.  Wilfred  Conard,  John  McClintock,  Jr., 

Frederick  .S.  Drake,  Charles  E.  Perkins, 

Russell  Duane,  Fred  Taylor  Pusey, 

James  Y .  Hagen,  Horace  M.  Rumsey, 

Joseph  H.  Taulane. 

The  Lawyers'  Club  of  Philadelphia. 

COMMITTEE. 
Francis  Shunk  Hrown,   President. 
lohn  R.   Read,  Alexander  Simpson,  Jr., 

William   H.  Staake.  John  C.  Bell, 

P.  F.  Rothermel,  Jr. ,  George  Wharton  Pepper, 

Edward  P.  Allinson,  William  Draper  Lewis. 

The  Pennsylvania  Bar  Association, 

COMMITTEE. 
Lyman  D.  Gilbert,  President. 
Victor  Guillou,  P.  C.   Knox, 

William  U.  Henscl.  Ward  R.  Bliss, 

Robert  Snodgrass,  Hampton  L.  Carson, 

John  B.  Colahan,  Jr.,  Walter  George  Smith. 


200  Committees. 

The  Historical  Society  of  Pennsylvania. 

COMMITTEE. 

Francis  H.  Williams,  Chairman. 
J.  Edward  Carpenter,  J.  Granville  Leach, 

William  Brooke  Rawle,  Gregory  B.  Keen. 

The  University  Club  of  Philadelphia. 

COMMITTEE. 

Lewis  C.  Madeira,  Chairman. 
Edward  T.  Johnson,  Henry  C.  Bryant. 


Society  of  the  Alumni  of  the    Law  Department  of  the 
University  of  Pennsylvania. 

COMMITTEE. 

Hon.  William  B.  Hanna,  President. 

W.  Y.  C.  Anderson,  Meredith  Hanna, 

John  C.  Bell,  Dilworth  P.  Hibberd, 

J.  Douglass  Brown,  Jr. ,  Harry  S.  Hopper, 

Reynolds  D.  Brown,  Edmund  Jones, 

Francis  Chapman,  Murdoch  Kendrick, 

J.  W.  Coulston,  Jr. ,  Samuel  C.  Perkins, 

Russell  Duane,  Eli  Kirk  Price, 

H.  L.  Geyelin,  Frank  P.  Prichard, 

Victor  Guillou,  William  M.  Stewart, 

Charles  F.  Gummey,  Jr.,  Guy  E.  Wells. 


The   General  Alumni  Society  of  the  University  of 

Pennsylvania. 

COMMITTEE. 

Samuel  C.  Perkins,  Murdoch  Kendrick, 

J.  Douglass  Brown,  Jr.,  Eli  Kirk  Price, 

H.  Laussat  Geyelin. 


Committees. 


20I 


Reception  Committee  of  the  Philadelphia  Bar. 


Hon.  James  T.  Mitchell, 
Hon.  William  \V.  Porter, 
Hon.  Craig  Hiddlc, 
Hon.  F.  Am6dee  Brcgy, 
Hon.  Abraham  M.  Heitler, 
Hon.  S.  W.    Pennypacker, 
Hon.  \Vm.  \V.  Wiltbank. 
Hon.  Charles  B.  McMichael, 
Hon.  Michael  Arnold, 
Hon.  Robert  N.  Willson, 
Hon.  Chas.  Y.  Audenried, 
Robert  Adams,  Jr. , 
James  Alcorn, 
Robert  Alexander, 
Francis  J.  Alison, 
Edward  P.  Allinson, 
David  W.  Amram, 
Edward  A.  Anderson, 
William  V.  C.  Anderson, 
Pierce  Archer, 
Richard  L  Ashhurst, 
R.  Loper  Haird, 
Edwin  Swift  lialch, 
Thomas  Willing  Balch, 
John  Hampton  Barnes, 
NorrisS.  Barratt, 
Lewin  W.  Barringer, 
James  M.  Beck, 
Dimner  Beeber, 
John  C.  Bell, 
Charles  Biddle, 
H.  Graham  Bleakly, 
James   R.  Booth, 
Wendell  P.  Bowman, 
Henry  C.  Boyer, 
Henry  K.  Boyer. 
Samuel  A.  Boyle, 
Iu>uis  Brcgy, 
Frank  F.  Brightley, 
Joseph    Hill  Brinton, 
Joseph  J.   Broadhurst, 
Robert  C.  H.  Brock. 
John  W.   Brock, 
B.  Gordon  Bromley, 


Francis  S.  Brown, 
Henry  C.  Brown, 
William  H.  Browne, 
John  C.  Bullitt, 
William  C.  Bullitt, 
Charles  H.  Burr,  Jr., 
Joseph  H.  Burroughs. 
Duncan  L.  Buzby, 
Robert  J.  Byron. 
John  Cadwalader, 
Richard  M.  Cadwalader, 
W.  Wilkins  Carr, 
Charles  Carver, 
Joseph  ^V^  Catharine, 
Henry  S.  Cattell, 
Samuel  E.  Cavin, 
P'rancis  T.  Chambers, 
Francis  Chapman, 
S.  Spencer  Chapman, 
Charles  Chauncey, 

B.  Frank  Clapp, 
Harry  G.  Clay, 
Ludovic  C.  Cleeman, 
Samuel  M.  Clement,  Jr., 
J.  B.  Colahan,  Jr., 
Edward  Coles, 
Alexander  P.  Colesberry, 

C.  Wilfred  Conard. 
Samuel  W.  Cooper, 
George  L    Crawford, 
Wm.    B.   Crawford, 
John   P.  Croasdale, 
T.  DeWitt  Cuyler, 
Charles  F.   DaCosta, 
Richard  C.  Dale, 
Morris  Dallett, 
Henry  Darrach, 

(J.  Harry  Davis, 
Henry  M.  Dechert, 
Joseph  J.  DeKinder, 
James  A.  Develin, 
I'atrick  F.  Dcvcr. 
Hazard  Dickson, 
Alexander  J.   D     Dixon. 


202 


Committees. 


Edwin  S.  Dixon, 
Joseph  I.  Doran, 
D.  Webster  Dougherty, 
Walter  C.  Douglas,  Jr. , 
Frederick  S.  Drake, 
William  Drayton, 
George  Albert  Drovin, 
Russell  Duane. 
Ralph  Wurtz  Dundas, 
Chas.  W.  Edmunds, 
Henry  R.  Edmunds, 
Wm.  T.Elliot, 
Wm.  S.  Ellis, 
Paul  M.  Elsasser, 
Isaac  Elwell, 
Theodore  M.  Etting, 
Rowland  Evans, 
Lincoln  L.  Eyre, 
Thomas  A.  Fahy, 
Chester  N.  Farr,  Jr., 
Hector  T.  Fenton, 
Wm.  C.  Ferguson, 
Thomas  D.  Finletter, 
Wm.  Righter  Fisher, 
Henry  Flanders, 
Cyrus  D.  Foss,  Jr., 
Wm.  G.  Foulke, 
John  H.  Fow, 
Joseph  C.  Fraley, 
Angelo  T.  Freedley, 
Charles  W.  Freedley, 
William  S.  Furst, 
Wm.  H.  Futrell. 
Allen  H.  Gangewer, 
H.  E.  Garsed, 
Thos.  S.  Gates, 
Jos.  M.  Gazzam, 
J.  Howard  Gendell, 
John  S.  Gerhard, 
H.  Laussat  Geyelin, 
J.  McGregor  Gibb, 
Joseph  Gilfillan, 
Bernard  Gilpin, 
James  E.  Gorman, 


Francis  I.  Gowen, 
George  S.  Graham, 
Simon  Gratz, 
Chas.  S.  Greene, 
Jos.  L.  Greenwald, 
Warrren  G.  Griffith, 
Victor  Guillou, 
Chas.  Francis  Gummey, 
James  F.  Hagen, 
Alfred  R.  Haig, 
Edmund  G.    Hamersly, 
Henry  J.  Hancock, 
Meredith  Hanna, 
Thomas  B.  Harned, 
Avery  D.  Harrington, 
Albert  H.  Harris, 
Bernard  Harris, 
W.  C.  Harris, 
William  F.  Harrity, 
Byerly  Hart, 
Charles  Henry  Hart, 
W.  Spence  Harvey, 
Henry  R.  Hatfield, 
Chas.  Heebner, 
Morton  P.  Henry, 
Max  Herzberg, 
Luther  E.  Hewitt, 
Charles  F.  Hinckle, 
Robert  G.  Hinckley, 
Robert  H.  Hinckley, 
Frank  K.  Hippie, 
Anthony  A.  Hirst, 
Edward  F.  Hoffman, 
James  E.  Hood, 
Edward  Hopkinson, 
Joseph  Hopkinson, 
Henry  M.  Hoyt, 
Charles  Howson, 
Samuel  B.  Huey, 
J.  Quincy  Hunsicker, 
Samuel  M.  Hyneman, 
Charles  E,  Ingersoll, 
S.  Stanger  Iszard, 
Samuel  T.  Jaquett, 


Committees. 


203 


H.  La  B.  Jayne. 
Theodore  K.  Jenkins, 
Ovid  F.  Johnson, 
WiUiani  F.  Johnson, 
Charles  Henry  Jones, 
J.  Levering  Jones, 
Charles  B.  Joy, 
Oliver  B.  Judson, 
George  Jiinkin, 
Joseph  DeF.  Jiinkin, 
Francis  F.  Kane, 
John  Kent  Kane, 
J.  Percy  Keating, 
John  F.  Keator, 
Charles  P.   Keith, 
MurdocU  Kendrick, 
John  L.  Kinsey, 
Wm.  Gray  Knowles, 
M.  Luther  Kohler, 
Charles  H.   Krumbhaar, 
Charles  A.   Lagen, 
John  ().  Lamb, 
Jos.  F.  Lamorelle, 
J.  Campbell  Lancaster, 
Lucius  S.   Landreth, 
Edward  V.  Lansdale 
James  W.  Latta, 
J.  Granville   Leach, 
Thomas  I-eaming, 
Joseph  Leedoni, 
Frederick  M.   Leonard, 
Francis  A.   Lewis, 
P'rancis  D.  I^wis, 
Charles  H.  Lex, 
William  H.   Lex. 
Charles  C.  Lister, 
William  K.  IJtllelon, 
Malcolm    Lloyd,  Jr. 
James  A.  Logan, 
Dwiglit  M.   Lowrey, 
Benjamin  H.  Lowry, 
William  H.   I.oyd,  Jr.. 
Franklin  1-   Lylc, 
John  A.  McCarthy. 


John  McClintock.  Jr.. 
H.  (Gordon  McCouch. 
George  McCurdy, 
P'rancis  S.  Mcllhenny, 
Thomas  McKean, 
Wm.  McLean,  Jr. 
Wayne  McVeagh. 
R.  M.  Magee, 
Edward  W.  Magill. 
Andrew  J.  Maloney, 
J.  Willis   Martin, 
Robert  D.  Maxwell, 
S.  Edwin  Megargee, 
Leoni  Menck, 
George  G.  Mercer, 
Peirce  Mecutchen, 
James  W.  Mercur, 
William  M.  Meredith, 
John   H.   Merrill, 
James  L.   Miles, 
Alfred  S.   Miller, 
E.  Spencer  Miller, 
N.  Dubois  Miller, 
Philippus  W.  Miller, 
W.  W.  Montgomery, 
R.  O.  Mf  on, 
C.  E.   Motgan,  Jr., 
Edward  Mortell, 
Efifingham   B.   Morris, 
William  Morris, 
William  K.  Murphey. 
Leonard  .Myers, 
William  I).   Neilson, 
H.  S.  P.  Nichols, 
William  L.   Nevin, 
G.   Heidc  Norris, 
J.   Parker  Norris, 
M.  J.  O'Callaghan, 
S.   Davis  Page, 
Charles  E.   Pancoast, 
James  Parsons 
John  E.   Parsons, 
T.   Elliott  Patterson, 
Robert  E.  Pallison, 


:304 


Committees. 


J.  Rodman  Paul, 

George  Peirce, 

Boies  Penrose, 

Chas.  E.  Perkins, 

Edward  L.  Perkins, 

Samuel  C.  Perkins, 

Horace  Pettit, 

Silas  W.  Pettit, 

H.  H.  Pigott, 

Henry  Pleasants, 

Sheldon  Potter, 

William  Potter. 

Eli  Kirk  Price, 

Frank  P.  Prichard, 

Fred.  Taylor  Pusey, 

Robert  Ralston, 

Francis  Rawle, 

John  R.  Read, 

Theodore  W.  Reath, 

William  A.  Redding, 

Gustavus  Remak,  Jr., 

Walter  E.  Rex, 

E.  Clinton  Rhoads, 

Joseph  R.  Rhoads, 

John  J.  Ridgway, 

John  H.  Sloan, 

A.  Lewis  Smith, 

W.  Rudolph  Smith, 

Isaac  N.  Solis, 

John  Sparhawk,  Jr., 

John  Thompson  Spencer, 

William  H.  Staake, 

Wm.  S.  Stenger, 

William  M.  Stewart,  Jr., 

James  C.  Stillwell. 

Theophilus  B.  Stork, 

Charles  M.  Swain, 

Joseph  H.  Taulane, 

Carter  B.  Taylor, 

Jos.  T.  Taylor, 

Henry  C.  Terry, 

Henry  C.  Thompson,  Jr., 

Samuel  Gustine  Thompson, 

M.  Hampton  Todd, 


Chas.  C.  Townsend, 
Jos.  B.  Townsend,  Jr.,. 
William  Jay  Turner, 
Ernest  L.  Tustin, 
Frank  M.  Riter, 
John  Roberts, 
Thomas  Robins, 
V.  Gilpin  Robinson, 
Walter  C.  Rodman, 
John  I.  Rogers, 
J.  Martin  Rommel, 
P.  F.  Rothermel,  Jr.,. 
Horace  M.  Rumsay, 
Michael  J.  Ryan, 
Frank  R.  Savidge, 
Joseph  Savidge, 
Edward  S.  Sayres, 
Rudolph  M.  Schick, 
Henry  J.  Scott, 
John  M.  Scott, 
Edwin  J.  Sellers, 
James  C.  Sellers, 
George  Sergeant, 
Rufus  E.  Shapley, 
Frank  R.  Shattuck, 
Albert  B.  Shearer, 
Charles  P.  Sherman, 
Edward  Shippen, 
Fred.  J.  Shoyer, 
Robert  N.  Simpers, 
Thad.  L.  Vanderslice, 
George  R.  Van  Dusen, 
George  Vaux,  Jr. , 
Moses  Veale, 
George  M.  Wagner, 
Henry  F.  Walton, 
Charles  F.  Warwick, 
John  Weaver, 
Albert  S.  Weimer, 
W.  Nelson  L.  West, 
R.  P.  White. 
Chas.  D.  White, 
W.  Rotch  Wister, 
Otto  Wolff. 


A.  H.  Wintersteen. 


Memoriai-s  and  Inscriptions.  205 


MEMORIALS   AND   INSCRIPTIONS   IN   THE 

NEW  BUILDING. 


On  Saturday,  November  4,  1899,  the  Joint  Committee 
appointed  for  the  purpose  of  selecting  the  names  of  men 
to    be    commemorated    on    the   various    medalHons  and 
shields  on  the  outer  walls  of  the  Law  School   Building 
held  its  first  meeting.     This  body  was  composed  of  the 
members  of  the  Committee  of  the  Board  of  Trustees  on 
the  Department  of  Law  and  Legal  Relations  and  of  the 
Committee  of  the  Faculty  of  the  Department  of  Law  on 
the  opening  of  the  new  building.     The  members  of  the 
Joint   Committee   who  represented  the  Board  of  Trustees 
were  :  Mr.  Samuel  Dickson,    the  Chairman,  Mr.  John  B. 
Gest,  Mr.  Samuel  W.  Pennypacker,  Mr,  Joseph  G.  Rosen- 
garten  and  Mr.  Walter  George  Smith.   Mr.  George  Whar- 
ton Pepper,  Mr.  Hampton   L.  Carson    and    Mr.   William 
Draper  Lewis  represented  the  Faculty  of  the  Department 
of  Law.     Lists  of  names  of   men  to  be  commemorated, 
and    plans    of   distribution    and    situation    were    submit- 
ted   by    several    members  of    the    Committee.      After    a 
number    of    meetings  and  a  mature  discussion  of    these 
suggestions,    it    was  determined  to  request  the   Provost 
to  submit  the   several   lists  and   plans  to  the   Honorable 
John   I.   Clark    Hare,   Emeritus  Professor  of   Law  in  the 
University.     Subsequently   Judge  Hare  submitted  a  list 
of    names    designating    in  what    medallions  and   shields 
thev  should   be    carved   and   the    order    in    which    they 
should  come,  which  list  was  adopted  by  the  Committee 
with  but  slight  alterations. 

The  ffjUowing  names  were  crarved  upon  the 
medallions  and  shields  which  ornament  the  exterior  of 
the    new  building. 


2o6  Memorials  and  Inscriptions. 

ON  THE  THIRTY-FOURTH  5TREET  FRONT. 

In  the  three  Southern  medallions,  running  South  to 

North: — 

BLACKSTONE  KENT  MANSFIELD 

In  the  three  Southern  shields,  running  South  to  North:- 
MADISON  HAMILTON  ,  WEBSTER 

In  the  three  Northern  shields,  running  South  to  North:- 
QIBSON  TILQHMAN  BINNEY 

In  the  three  Northern  medallions,  running  South  to 

North:— 

STORY  MARSHALL  TANEY 


ON  THE  CHESTNUT  STREET  FRONT. 

In  the  central  medallion:  — 

VATTEL 

In  the  central  (Western)  shield: — 

STOWELL 
In  the  central  (Eastern)  shield: — 
QROTIUS 
In  the  three  Eastern  shields,  running  East  to  West:- 

BLACKBURN  FIELD  BRADLEY 

In  the  three  Western  shields,  running  East  to  West: 
ELDON  HARDWICKE  JESSEL 


Memorials  and  Inscriptions.  207 

ON  THE  5ANS0M  STREET  FRONT. 

In  the  central  medallion  above  the  Sansom  Street 

entrance: — 

EDWARD  I. 

In  the  central  (Eastern)  shield: — 

COKE 

In  the  central  (Western)  shield: — 

BRACTON 

In  the  three  Eastern  medallions,  running  from  East  to 

West:— 

MOLT  CAHDEN  HALE 

In   the  three  Western  medallions,  running  from  West  to 

East: — 

TRIBONIAN  JUSTINIAN  GREGORIUS 


ON  THE  WESTERN  WALL. 


In  the  three  medallions  of  the  South  wing,  running  from 

North  to  South: — 

OAIUS  PAPINIAN  ULPIAN 

In  th»'  three  medallions  of  the  North  wing,  tunning  from 

North  to  South: — 

POTHIEk  UOHAT  SAVIONY 


2o8 


Memorials  and  Inscriptions 


On  the  shield  South  of  the  main  entrance  is  the  following 

inscription: — 


LAW 
DEPARTMENT 

OF  THE 

UNIVERSITY 

FIRST    PROFESSOR 

JAMES  WILSON 

1790 


L 


DMBBHam^ 


On  the  shield  North  of  the  Main  entrance 


LAW 

DEPARTMENT 

OF  THE 

UNIVERSITY 

REORGANIZED  BY 

QEORQE  SH  ARSWOOD 

1850 


Memorials  and  Inscriptions.  209 


The   following   are  copies  of    memorial  tablets  and 
inscriptions  throughout  the  interior  of  the  building : — 

ON  THE  FIRST  FLOOR. 

On  the  Western  wall  of  Price  Hall,  a   tablet  in  bronze  : — 


PRICE     HALL 

ERECTED  IN  MEMORY 
OF 

ELI    KIRK  PRICE,    LL.    D. 

A  TRUSTEE  OF  THE  UNIVERSITY 

1869-1884 

PRESIDENT  OF  THE   UNIVERSITY    HOSPITAL 

1879-1884 

AND  OF  HIS  SON 

JOHN    SERGEANT    PRICE 

President  op  the  Central  Committee 

OP  THE 
ALUMNI  OF  THE  UNIVERSITY 

1882: 1 897 

PRJ  51DENT  OF  THE  SOCIETY  OF  THE  ALUHNI 

OP  THB 

DEPARTMENT  OF  LAW 

1890-1897 


2IO 


Memorials  and  Inscriptions. 


On  the  Western  wall  of  Wharton  Hall  a  tablet  in  bronze: — 


THIS    ROOM  IS 

DEDICATED 

TO  THE  MEMORY  OF 

GEORGE 

M. 

WHARTON 

1806-1870 

ON  THE  SECOND  FLOOR. 

A  tablet  in  plaster  on  the  South  wall  of  McKean  Hall 
above  the  centre  of  the  stack  room  entrance  : — 


THIS    ROOM    IS    DEDICATED 

TO  THE  MEMORY  OF  , 

THOMAS    McKEAN 

CHIEF    JUSTICE    OF    PENNSYLVANIA 
1777-1799 


A  tablet  in  plaster  on  the  North  wall  of  Sharswood 
Hall  above  the  centre  of  the  stack  room  entrance  : — 


THIS    ROOM    IS    DEDICATED 
TO  THE  MEMORY  OF 

GEORGE  SHARSWOOD 

CHIEF    JUSTICE    OF    PENNSYLVANIA 

1878-1882 


■  j^ 


Memokiai-s  and  Inscriptions. 


21  I 


A  tablet  in  plaster  on    the  west    wall  of  McMurtrie 
Hall  above  central  door  of  the  stack  room  : — 


THIS   ROOM  IS  DEDICATED 
TO  THE  MEMORY  OF 

RICHARD    C.    McMURTRIE 

CHANCELLOR   OF  THE 

LAW    ASSOCIATION   OF   PHILADELPHIA 

I89I-I894 


A  tablet  in  bronze  set  into  the   floor  of  the   stack 
rooni  at  the  main  entrance  to  the  Biddle  Law  Library : — 


..-_!- 


THIS  LIBRARY  WAS  FOUNDED  IN   1886 
IN    AlEMORY  OF 

GEORGE    BIDDLE 

AND  CONTINUED  IN   1891   IN  MEMORY  OF 

ALGERNON    SYDNEY    BIDDLE 

AND  IN  1897  OF 

ARTHUR     BIDDLE 

THE  THREE  SONS  OF 

GEORGE    W.    BIDDLE 

THEY  DIED  BEFORE  THEIR  FATHER,  HAVINO  LIVED 

AS  BECAME  THEIR  HIGH  CALLINU  OF  THE  LAW, 

TRUTH,  COURACIE,  HONOUR,  LOVE  AND  DUTY  THEIR  GUIDES. 


212 


Memorials  and  Inscriptions. 


On  the  walls  of  the  central  hall  are  seven  tablets,  of 
Tennessee  marble.  The  inscriptions  on  these  are  as 
follows  : — 


JAMES  WILSON 
1742-1798 


JOHN  SERGEANT 
1779-1853 


I  WILLIAM  M.  MEREDITH 
I  1799-1873 


I     ROB! 


ROBERT  COOPER  GRIER 

1794-1870 


ST.  GEORGE  TUCKER  CAMPBELL 

1814-1874 


GEORGE  W.   BIDDLE 

1818-1897 


JAMES  E.  GOWEN 

1830-1885 


Upon  the  four  walls  above  the   main  staircase  are 
inscribed  these  words  : — 

THE  LAW  IS  UNKNOWN  TO  Hlfl  THAT  KNOWETH  NOT 
THE  REASON  THEREOF,  AND  THE  KNOWNE  CERTAINTIE 
OF  THE  LAW  IS  THE  SAFTIE  OF  ALL:— COKE. 


JAMES     WII^SON,    LL.D. 
First  Professor  of  Law. 

From  the  Original,  Painted  I'y  Albert  Rosentlial  for  the  Latv  School  in  /Sgg,  from  a  ininature  in  possessio7i  of 

Tliomas  H.  Montg'omery. 


HISTORY  OF  THE  DEPARTMENT  OF   LAW. 

COMPILED    RV 
MARGARET   CENTER    KLINGELSMITH. 

The  old  academy  of  Philadelphia  was  restored  to  all 
its  rights  and  privileg^es  by  the  Act  of  1 789,  and  among 
the  students  an  association  was  formed  for  the  study  of 
the  law.  They  were  without  a  teacher  or  any  regular 
course  of  study,  but  had  attracted  to  themselves  the 
notice  of  the  trustees  of  the  Academy  by  a  request  that 
thev  might  hold  their  meetings  in  one  of  the  rooms  of  the 
college.  This  request,  made  in  1789,  was  granted,  and 
the  fact  that  a  regular  course  in  the  study  of  the  law  was 
needed  became  manifest.  Mr.  Charles  Smith,  editor  of  the 
edition  of  the  early  laws  of  Pennsylvania,  now  known  as 
Smith's  Laws,  applied  to  the  trustees  of  the  college  for  an 
appointment  to  a  professorship  of  the  law  in  that  institu- 
tion. A  few  days  after  the  communication  was  received 
it  was  decided  to  present  to  the  monthly  meeting,  among 
other  matters,  "  An  application  for  a  law  professorship, 
the  propriety  of  establishing  a  Law  Lecture,  and  con- 
ferring degrees  in  law."  A  committee  was  appointed 
consisting  of  Messrs.  Shippen,  Wilson  and  Hare,  who 
reported  a  plan  said  to  have  been  drawn  up  by  Mr. 
Wilson.  This  plan  was  accepted  by  the  trustees,  and 
upon  it  the  foundations  of  the  school  were  laid.  It  cer- 
tainly cannot  be  criticised  as  too  narrow.  It  placed  before 
the  minds  of  those  who  were  to  establish  and  carry  on  the 
work  a  wide  and  high  ideal.  The  plan  in  full  was  as  fol- 
lows:  "The  object  of  a  system  of  law  in  this  country 
should  be  to  explain  the  Constitution  of  the  Ihiited 
States,  its  parts,  its  powers  and  distribution,  and  the 
operation  of  those  powers;  to  ascertain  the  merits  of  that 
Constitution  by  comparing  it  with  the  Constitution  of 
other  states,  with  the  general   [)rinciplcs  of    government, 


2  14  History  of  the  Department  of  Law. 

and  with  the  rights  of  men ;  to  point  out  the  spirit,  the 
design  and  the  probable  effects  of  the  laws  and  the  trea- 
ties of  the  United  States  ;  to  mark  particularly  and  dis- 
tinctly the  rules  and  decisions  of  the  federal  courts  in 
matters  both  of  law  and  practice. 

"  To  examine  legally,  critically  and  historically  the 
constitutions  and  laws  of  the  several  states  of  the  Union  ; 
to  compare  those  constitutions  and  laws  with  one  another, 
and  with  the  general  rules  of  law  and  government ;  to 
investigate  the  nature,  the  properties  and  the  extent  of 
that  connection  which  subsists  between  the  federal  gov- 
ernment and  the  several  states,  and,  of  consequence, 
between  each  of  the  states  and  all  the  others. 

"  To  illustrate  the  genius,  the  elements,  the  originals, 
and  the  rules  of  the  common  law,  in  its  theory  and  its 
practice,  to  trace  as  far  as  possible  that  law  to  its  founda- 
tion, its  fountains,  to  the  laws  and  customs  of  the  Nor- 
mans, the  Saxons,  the  Britons,  the  ancient  Germans,  the 
Romans,  and  perhaps  in  some  instances  the  Grecians. 

"  Under  this  head  it  is  to  be  observed  that  the  com- 
mon law,  in  its  true  extent,  includes  the  law  of  nations, 
the  civil  law,  the  maritime  law,  the  law  merchant,  and  the 
law  too  of  each  particular  country,  in  all  cases  in  which 
those  laws  are  peculiarly  applicable.  All  the  foregoing 
subjects  of  discussion  should  be  contrasted  with  the  prac- 
tice and  institutions  of  other  countries.  They  should  be 
fortified  by  reasons,  by  examples  and  by  authorities  ;  and 
they  should  be  weighed  and  appreciated  by  the  precepts 
of  natural  and  revealed  law. 

"  The  obvious  design  of  such  a  plan  is  to  furnish  a 
rational  and  an  useful  entertainment  to  gentlemen  of  all 
professions,  and  in  particular  to  assist  in  forming  the  leg- 
islator, the  Magistrate  and  the  '  Lawyer.'  " 

It  was  resolved  that  a  professorship  of  law  be  estab- 
lished whose  incumbent  should  deliver  twenty-four  lec- 
tures each  year.  James  Wilson  was  elected  by  unanimous 
choice  to  be  the  professor  to  occupy  the  newly  created 


History  of  the  Department  of  Law,  21 5 

chair.  It  is  not  known  if  any  action  was  taken  by  the 
trustees  in  regard  to  the  offer  of  Mr.  Smith.  It  has  been 
claimed  that  much  injustice  was  done  him  by  this  appar- 
ent neg^lect.  but  as  there  are  no  records  to  appeal  to  in 
the  case  it  seems  impossible  to  substantiate  or  refute  the 
charge.  The  choice  of  James  Wilson  certainly  seems  to 
have  been  a  most  wise  one.  A  recent  writer  (Francis 
Newton  Thorpe)  says  of  him  : 

"  Of  all  the  men  chosen  to  make  the  national  Consti- 
tution, he  was  the  only  one  who  understood  and  advo- 
cated the  national  idea  as  it  has  been  understood  and 
advocated  since  the  Civil  War.  His  place  in  the  evolu- 
tion of  American  democracy  has  been  but  slightly  recog- 
nized and  his  just  fame  has  been  delayed.  There  were 
more  popular  men  in  the  Convention  than  he,  and  at 
least  a  score  then  more  famed.  In  the  old  Congress  he 
had  constantly  advocated  a  more  perfect  Union,  but  his 
services  there,  like  those  of  many  others,  were  obscured 
by  the  waning  influence  of  the  Articles.  He  was  known 
to  the  leaders  of  thought  in  the  country,  but  his  reputa- 
tion among  the  people  was  limited  almost  wholly  to  those 
of  the  city  in  which  he  lived.  Even  his  later  distinguished 
career  as  Professor  of  Law  in  the  Universitv  of  Pennsyl- 
vania is  now  quite  forgotten.  If  a  man's  greatness  is 
commensurate  with  the  value  of  his  ideas  to  mankind, 
the  national  ideas  advanced  and  advocated  by  Wilson 
place  him  am(Mig  the  most  eminent  Americans  of  the 
eighteenth  century  and  entitle  him  t(»  the  veneration  of 
his  countrvmen." 

The  statement,  that  his  career  as  Professor  of  Law 
in  the  L'niversity  is  fcjrgotten,  is  slightly  exaggerated,  as 
in  the  Department  which  he  founded  his  memory  is  highly 
honored  and  deeply  respected  ;  his  portrait  hangs  in  the 
most  prominent  place  which  can  be  given  to  it,  and  all  who 
are  conversant  with  the  historv  of  the  Department  know 
of  its  founder  and  the  work  he  did. 

Great  expectati(jns  were  aroused  by  theannouncement 


2i6  History  of  the  Department  of  Law. 

that  he  would  open  the  course  of  lectures  December  15th, 
1790,  in  the  hall  of  the  Academy,  which  was  then  situ- 
ated on  Fourth  street  below  Arch.  This  hall  occupied 
the  entire  width  of  the  building  and  was  about  ninety 
feet  in  length  ;  across  the  south  end  there  was  a  gallery, 
and  the  rostrum  was  against  the  north  wall  over  the  stair- 
way. Unless  the  gallery  was  larger  than  can  reasonably 
be  supposed  the,  "  citizen  "  of  that  day  must  have  been 
almost  entirely  excluded  from  attendance  upon  the  inter- 
esting event,  as  the  advertisement  of  the  lecture  which 
appeared  in  the  '*  Pennsylvania  Packet  and  Daily  Adver- 
tiser" of  December  15th,  1790,  ran  as  follows: — 

"  College  of  Philadelphia,  Wednesday,  Dec.  15.  Law 
Lecture.  The  Honorable  Judge  Wilson's  Introductory 
Lecture  will  be  delivered  this  evening  at  six  o'clock  in 
the  College  Hall.  Those  citizens  who  have  received  tick- 
ets of  admission  from  Mr.  Wilson  are  requested  to  take 
their  seats  in  the  gallery,  it  being  necessary  to  appropri- 
ate the  lower  part  of  the  Hall  to  the  accommodation  of 
Congress  and  other  Public  Bodies  who  are  cordially  in- 
vited. 

By  order  of  the  Board  of  Faculty, 

William  Rogers,  Secretary." 
The  reservation  would  seem,  however,  to  have  been 
necessary,  as  President  Washington  with  Mrs. Washington 
attended  the  lecture,  as  did  the  members  of  the  cabinet,  the 
Houses  of  Congress,  the  executive  and  legislative  depart- 
ments of  the  State  of  Pennsylvania  and  the  city  of  Phila- 
delphia ;  the  judges  of  the  courts  and  the  members  of 
the  bar,  with  many  of  the  women  who  led  the  brilliant 
society  of  the  litUe  capitol.  It  was  a  most  fashionable 
audience  which  awaited  the  modest  lecturer,  who  seemed 
somewhat  startled  to  find  himself  the  center  of  a  brilliant 
society  occasion  when  he  had  anticipated  only  an  assem- 
bly of  sober  persons  prepared  to  listen  to  a  quiet  homily 
upon  the  law.     He  was  equal  to  the  occasion,  however, 


THE  ACADEMY— 1790-1S02. 


■s,.' 


Sk 


^■^s  J 


^RTS  BUILDING— NINTH  AND  CHESTNUT  STREETS. 
1829-1873. 


'PRESIDENTIAI^  MANSION  "—NINTH  AND  CHESTNUT 
STREETS.     1802-1829. 


C(  H.LHOK    lIAl^t— 1S7.J-1SSS. 


QUARTERS  IN  GIRARD  BUIIvDING— 1888-1895. 


"CONGRESS  HAI,!,"— 189O-1900. 


HOMES   OF   THE   LAW  SCHOOL   1 790-1900. 


History  of  the  Department  of  Law.  217 


1 


and  his  lecture  was  received  with  much  appreciation  and 
was  frequently  quoted  in  the  literature  of  the  times. 

In  his  struggle  to  cover  the  ground  he  himself  had 
outlined,  his  lectures  became  rather  dissertations  upon 
law  than  an  attempt  to  teach  the  law  in  its  more  technical 
acceptation.  Philosophical  and  elegant,  they  were  well 
adapted  to  interest  the  minds  that  he  found  around  him, 
and  it  may  be  questioned  if  he  did  not  give  to  his  students 
mental  food  as  well  fitted  to  strengthen  their  mindsas  much 
of  that  which  they  receive  under  the  very  different  methods 
which  obtain  to-day.  This  first  course,  as  outlined,  was 
to  cover  three  years,  the  lectures  were  delivered  on  three 
days  of  every  week  at  six  o'clock,  p.  m.,  and  there  were 
law  exercises  every  Saturday.  The  first  course  was  car- 
ried to  a  successful  conclusion  but  the  second  course  was 
not  finished.  It  has  been  suggested  that  the  small  attend- 
ance caused  by  the  required  fee  of  ten  guineas  was  the 
cause.  However  that  may  be  the  course  was  not  con- 
cluded, and,  although  after  the  union  of  the  college  with 
the  University,  by  a  resolution  of  April  3,  1792,  the  trustees 
created  a  professorship  of  law  and  appointed  Mr.  Wil- 
son to  occupy  the  chair,  the  lectures  were  not  delivered. 
Owing  to  the  unfinished  nature  of  the  course  no  degrees 
were  conferred  during  the  incumbency  of  Judge  Wilson. 
He  died  in  1798  at  the  age  of  fifty-six,  after  a  career  full 
of  honors  honorably  gained. 

From  1 79 1  to  181 7  the  statute  of  the  University  de- 
claring that  "  there  shall  be  a  professorship  of  law  "  was  a 
dead  letter.  No  such  professor  was  appointed,  and  we 
find  no  resolution  asking  for  one  nor  any  attempt  to  re- 
vive the  lectureship  until  January  7,  181 7,  when  the  fac- 
ulty resolved  to  receive  at  the  next  stated  meeting  of  the 
Board  nominations  for  the  professorship  of  law.  No 
acti(jn  was  taken,  however,  until  March  17,  1817,  when 
the  trustees  elected  Charles  Willing  Hare,  Esq.,  profes- 
sor. He  delivered  his  introductory  lecture  in  April  of 
that  year.     At  that  time  the  University  was  occupying 


2i8  History  of  the  Department  of  Law. 

the  site  on  Ninth  street,  between  Market  and  Chestnut  j 

streets,  to  which  it  had  removed  in  1802  after  outgrowing- 
the  old  quarters  on  Fourth  street.  The  building  on  Ninth 
street  was  an  imposing  structure  which  had  been  destined 
by  its  builders  for  the  dwelling  of  the  President  of  the 
United  States  when  it  was  supposed  that  Philadelphia 
was  to  remain  the  capital  of  the  country.  It  was  a  build- 
ing of  much  greater  pretensions  than  the  little  old  Acad- 
emy in  which  James  Wilson  delivered  his  lectures,  but 
Philadelphia  was  no  longer  the  capital  and  could  not  fur- 
nish to  the  lecturer  so  brilliant  an  assembly  of  distinguished 
listeners. 

The  first  course,  as  outlined  by  Mr.  Hare,  was  upon 
"  Natural  Jurisprudence,  or  the  science  of  right  and  wrong 
as  discovered  by  human  reason,  compared  with,  illustrated 
by,  and  embodied  in  the  law."  The  second  upon  "Inter- 
national Jurisprudence,  or  the  laws  which  regulate  the 
intercourse  of  nations,  the  elements  of  sovereignty,  the 
different  forms  of  government,  and  particularly  the  theory 
and  practice  of  the  constitutions  of  the  United  States  and 
of  the  State  of  Pennsylvania,"  and  the  third  was  upon  the 
"Jurisprudence  of  the  United  States  and  of  Pennsylvania, 
as  distinguished  from  the  common  law  of  England." 
Unfortunately  the  elaborate  outline  remained  an  outline 
only.  The  first  course  only  was  given,  this  being  delivered 
during  the  season  of  181 7-18.  Before  the  second  course 
could  be  delivered  Mr.  Hare  became  incapacitated  for 
further  mental  work,  and  thus  for  the  second  time  circum- 
stances prevented  the  completion  of  plans  brilliant  in  their 
conception,  the  execution  of  which  was  begun  with  zeal 
and  intelligence,  promising  much  for  the  development  of 
legal  education  in  the  United  States. 

For  some  time  no  further  attempts  were  made  to  re- 
vive the  lectureship  which  had  been  twice  so  quickly  cut 
short.  Doubtless  there  was  much  unexpressed  and  un- 
organized desire  for  legal  instruction,  and  indeed  in  1832 
there  was  a  most  vigorous  petition  for  the  appointment 


History  of  the  Department  ok  Law.  219 

of  a  professor  of  law  which  was  presented  to  the  trustees 
by  a  committee  of  the  Law  Academy  of  Philadelphia. 
This  institution  had  doubtless  in  a  degree  taken  the  place 
of  a  reg^ular  law  school  by  providing-,  through  its  moot 
courts  and  meetings,  facilities  for  the  contact  of  the  Judges 
and  the  older  members  of  the  bar  with  the  younger  mem- 
bers and  the  students  registered  in  the  various  offices. 
Fostering  thus  a  desire  to  secure  training  in  the  law  it  is 
not  strange  that  a  petition  from  such  a  body  should 
strongly  set  forth  the  fact  that  the  city  was  sadly  deficient 
in  those  advantages  which  were  already  given  to  the  law 
student  at  Harvard,  Yale  and  the  University  of  Virginia. 
The  resolution  follows : 

"  I^w  Academy.  Philadelphia,  March  6,  1832. — The 
Petition  of  the  Law  Academy  of  Philadelphia  to  the  Hon- 
orable, the  Board  of  Trustees  of  the  University  of  Penn- 
sylvania :  soliciting  the  appointment  of  a  Professor  to  the 
Chair  of  Legal  Science  in  that  Institution,  respectfully 
sets  forth  in  advancement  of  its  object  the  following  con- 
siderations : 

*'  I  St.  That  the  Professorship  of  Law  which  receives  so 
much  attention  at  Harvard,  Yale  and  the  University  of  Vir- 
ginia, and  whose  connection  with  those  seats  of  learning 
sheds  so  much  lustre  t)ver  their  names,  is  at  present  neg- 
lected in  the  L'niversity  of  Pennsylvania  ;  and  that  while  her 
Medical  School  is  annually  sending  forth  accomplished 
and  valuable  physicians,  while  her  Collegiate  Department 
is  disseminating  the  principles  of  sound  learning  in  Science 
and  in  Literature,  her  Chair  of  Law,  once  illustrated  by 
the  genius  and  eloquence  of  a  \\'ilson  and  a  Hare,  is  un- 
occupied. 

"  2d.  The  important  advantages  will  accrue  to  the 
Institution  over  which  your  Honorable  Body  presides,  of 
a  nature  which  it  is  humi)ly  conceived  cannot  be  over- 
looked. I.  In  extending  the  reputation  of  the  University, 
alreadv  Si>  deservedly  jjre-cmiiient  among  her  sister  Insti- 
tutions. 2.  In  drawing  to  Halls  students  in  a  new  de[)art- 
ment  of  science,  and  3.  In  retaining  at  home  those  who 
now  seek  elsewhere  that  peculiar  mode  of  instruction  to 
which  our  City  does  not  afford  access. 

"V'      Th.'jf  the  location  of  .1  professorship  of  the  nature 


220  History  of  the  Department  of  Law.     • 

petitioned  for  in  a  City  like  Philadelphia  is  peculiarly 
favorable  to  the  promotion  of  its  active  and  sensible  use- 
fulness;— for  the  numerous  Courts  of  Justice — the  extensive 
Libraries — the  many  learned  and  competent  preceptors 
in  Law  which  it  affords,  are  all  so  many  superior  advan- 
tages which  are  unattainable  elsewhere.  And  4th,  That 
the  number  of  Law  Students,  residents  of  the  City  alone^ 
is,  in  all  probability,  amply  sufficient  to  offer  an  induce- 
ment to  your  honorable  body  to  make  the  appointment 
prayed  for. 

"  In  submitting  the  considerations  upon  which  they 
base  their  prayer,  they  beg  leave  to  remain 

"  Your  most  obedient  servants. 

J.  Pringle  Jones,  H.  R.  Kneass,    ^ 

C.  Theodore  Potts,  Wm.  D.  Baker.  V  Committee. "^ 

L  Wistar  Wallace,  j 

While  the  men  who  gathered  in  the  court  rooms 
of  Philadelphia  were  the  acknowledged  leaders  of  the 
legal  world  of  the  day,  they  were  inclined  to  undervalue 
the  merits  of  a  system  of  training  which  they  had  not 
undergone.  They  reasoned  that  the  equipment  which 
had  been  sufficient  to  win  for  them  such  brilliant  victories 
should  be  all  that  was  needed  to  guarantee  success  to 
their  sons.  It  took  another  generation  at  least  to  con- 
vince the  members  of  the  legal  profession  of  Philadelphia 
that  this  was  a  mistake. 

Seventeen  years  passed  after  this  fruitless  petition^ 
and  the  lectureship  in  law  seemed  destined  never  to  be 
revived,  but  in  1849  the  trustees,  apparently  awakened  to 
the  fact  that  not  enough  was  being  done  for  the  under- 
graduate in  the  University,  passed  the  following  resolu- 
tion : —  "  that  the  Committee  on  the  government  of  the 
College  be  instructed  to  consider  and  report  whether  any 
change  can  be  advantageously  made  in  the  course  of 
studies  for  undergraduates,  or  any  additional  facilities 
provided  for  securing  lectures  which  shall  be  open  to  the 
public  on  subjects  not  embraced  in  our  present  course  of 
study,  and  also  to  consider  and  report  what  may  be 
deemed  useful  in  connection  with  these  subjects." 


History  of  the  Department  of  Law  221 

It  is  evident  that  those  who  were  desirous  of 
estabHshinef  a  Law  School  had  been  active  and  had  made 
themselves  heard,  since,  after  hearing-  the  report  of  the  Com- 
mittee, consistino- of  Mr.  Joseph  R.  Ingersoll,  Mr.  Breck, 
Mr.  Kuhn,  Rev.  Dr.  Dorr  and  Bishop  Potter,  which  was  pre- 
sented on  March  5,  1850,  it  was  resolved  that  a  professor  of 
law  should  be  elected  at  the  next  stated  meeting-,  and 
that  nominations  should  then  be  received.  George  Shars- 
wood,  then  a  Judge  of  the  District  Court  of  Philadelphia, 
was  nominated  for  the  position,  and  on  April  2d,  he  was 
duly  elected.  After  a  month  of  deliberation  he  accepted 
the  nomination  on  May  7th.  His  first  lecture  was  not 
delivered  until  September  30,  1850.  This  date  must  be 
held  by  all  interested  in  the  Law  School  as  the  most  im- 
portant in  its  history,  even  if  we  do  not  grant,  as  some 
maintain,  that  this  is  the  true  birth  date  of  the  Depart- 
ment. At  last  the  recognition  so  long  denied  was  awarded 
to  the  lectures  on  the  law  ;  men  in  active  practice  mingled 
with  the  undergraduate  in  the  lecture  room,  and  the  inter- 
est and  enthusiasm  aroused  are  shown  by  the  resolutions 
which  the  class  addressed  to  the  trustees. 

"  Resolved,  That  in  the  re-establishment  of  the  Law 
Professorship  of  this  University  the  trustees  have  con- 
ferred a  substantial  benefit  upon  the  Philadelphia  Bar. 
Resolved,  That  the  series  of  lectures  delivered  during  the 
present  term  by  Professor  Sharswood  have  been  listened 
to  by  the  class  with  equal  pleasure  and  profit,  and  have 
been  marked  by  a  sound,  practical,  useful  and  liberal 
character  eminently  designed  to  aid  the  practitioner  in 
his  daily  professional  duties.  Resolved,  That  the  thanks 
of  the  class  are  justly  due  to  Professor  Sharswood  for  the 
faithful,  laborious  and  effective  discharge  of  his  duties." 

The  feeling  which  those  who  shared  in  the  pleasure 
and  instruction  given  by  these  lectures,  still  express  when 
speaking  of  them  to-day,  proves  that  this  was  no  mere  per- 
functory address — a  form  which  it  \\ns  proper  to  follow — 


222  History  of  the  Department  of  Law. 

but  that  it  was  the  earnest  and  spontaneous  expression  of 
a  feeling-  both  deep  and  sincere. 

The  Law  School  was  now  estabHshed  upon  a  secure 
basis,  and  its  growth  was  assured,  but  it  had  as  yet  but  one 
professor.  The  growth  was  so  rapid,  however,  as  to  make 
it  necessary  to  increase  the  number  of  professorships.  In 
December,  1851,  the  trustees  passed  a  resolution  asking 
that  the  Committee  on  Government  of  the  College  inquire 
and  report  as  to  the  expediency  of  extending  the  Law 
School  so  as  to  embrace  one  or  more  additional  pro- 
fessorships. The  report  which  the  Committee  submitted 
was  not  at  once  accepted,  but  after  some  delays  and  much 
discussion  it  was  adopted  on  May  4,  1852.  By  this  plan, 
not  one,  but  two,  professors  were  added,  making  a  faculty 
of  law  consisting  of  three  professors.  A  Professor  of  the 
Institutes  of  Law  ;  a  Professor  of  Practice  and  Pleading  at 
Law  and  in  Equity,  and  a  Professor  of  the  Law  of  Real 
Estate  Conveyancing  and  Equity  Jurisprudence. 

On  June  i,  1852,  Judge  Sharswood  was  elected  to  fill 
the  chair  of  the  Institutes ;  the  chair  of  Practice  was  filled  by 
Peter  McCall,  Esq.,  and  the  chair  of  Real  Estate  and  Equity 
by  E.  Spencer  Miller,  Esq.    Rules  were  established  for  the 
regulation  of  the  School.     A  scholastic  year  of  two  terms 
of  four  months  each  was  provided  for,  and  any  student 
attending  at  least  four  terms  with  each  professor  was  en- 
titled, upon  recommendation  of  the  Faculty,  to  the  degree 
of  Bachelor  of  Laws.     A  certificate  of  proficiency  might 
be  given  to  a  student  attending  the  lectures  of  one  or  two 
of  the  professors.     As  each  professor  regulated  his  own 
courses  of  instruction,  held  moot  courts  and  conducted  his 
own  examinations,  each  course  was  given  a  certain  inde- 
pendence  which    rendered   this   method    possible.     The 
student  was  required  to  matriculate,  but  no  fee  was  re- 
quired for  this.     The  fee  to  each  professor  was  fixed  at  ten 
dollars  a  term.     The  courses  undertaken  by  the  first  two 
professors  in  1790  and  181 7,  while  both  planned  to  lead 
to  a  degree,  had  neither  of  them  lived  long  enough   to 


V 


J 


rfi':«)K<>i-:  sicakswood 

|K|().|KH.'I. 

Kc-orKai>lzc(l  I.hw  Dcpiirdnrtit  in  in.'*' 
tram  Originul  /'ninliMe  In  Law  Sehotfl  Ilm'IdiMg 


History  of  the  Department  of  Law.  223 

confer  one  upon  any  student,  so  it  was  not  until  after  the 
reorganization,  more  than  hah"  a  century  after  the  de- 
livery of  the  first  hiw  lecture,  that  any  degrees  were  con- 
ferred. July  2,  1852,  the  first  j^ublic  commencement  of 
the  Law  School  was  held,  and  then  were  conferred  the 
first  degrees  ;  those  who  had  entered  in  1850  thus  receiv- 
ing the  first  fruits  of  the  revival  of  the  School. 

The  Faculty  afterwards  were  given  permission  to 
grant  a  degree  after  two  consecutive  terms  had  been  at- 
tended, thus  reducing  the  required  time  to  eight  months. 
This  was  seen  to  be  an  unwise  provision,  quite  contrary 
to  the  direction  in  which  the  thought  of  the  time  was 
tending,  and  the  permission  was  revoked. 

The  Court  of  Common  Pleas  for  the  county  of  Phil- 
adelphia and  the  District  Court  adopted  rules  which 
admitted  the  time  passed  in  the  Law  Department  as  equiv- 
alent to  the  usual  two  years  in  an  office  under  the  direction 
of  a  practicing  attorney.  Persons  admitted  to  practice  in 
those  courts  were  also  admitted  at  once  to  the  Supreme 
Court  of  the  State.  It  was  still  requisite  to  register  in 
an  ofifice,  however,  and  the  custom  was  very  long  in 
dying  out.  Up  to  the  last  years  of  the  nineteenth  cen- 
tury it  was  usual  to  hear  the  students  speaking  of  "  my 
preceptor." 

Students  were  not  examined  before  matriculation, 
and  it  was  thought  not  to  be  "  possible  to  require,  per- 
emptorily, a  college  degree,  or  any  previous  line  of 
study."  The  lecture  system,  at  that  time  the  only  method 
for  inculcating  the  principles  of  the  law  practiced  in  any 
law  school,  was  of  course  established,  but  moot  courts 
and  frequent  examinations  were  held  to  supplement  and 
buttress  as  it  were  the  structure  built  up  on  the  simple 
lines  allowed  by  that  system.  Students  were  also  admitted 
to  membership  in  the  Law  Academy  where  they  gained 
an  insight  into  the  practice  of  courts,  especially  of  the 
trial  by  jury. 

Those  students  who    received    degrees  were  entitled 


224  History  of  the  Department  of  Law. 

to  attend  all  future  lectures  free  of  charge.  A  room  in 
the  University  Building  was  set  apart  for  the  use  of  the 
law  students,  but  there  was  no  law  library  and  the  gen- 
eral library  of  the  University  was  only  open  for  two 
hours  each  day,  being  in  charge  of  the  Professor  of  Belles 
Lettres. 

For  the  next  ten  years  the  course  of  the  school  was 
smooth  and  unbroken  ;  Judge  Sharswood  remained  Dean, 
and  the  two  professors  retained  their  chairs,  teaching  with 
great  faithfulness  and  success  their  respective  branches. 
The  first  break  in  the  ranks  of  the  professors  was  made 
by  the  resignation  of  Professor  McCall,  June  5,  i860. 
While  his  resignation  was  accepted,  it  was  with  regret, 
and  considerable  delay  occurred  in  securing  a  successor. 
Mr.  McCall  was  asked  to  continue  to  fill  the  chair  until 
his  successor  was  chosen,  but  he  was  unable  to  agree  to 
this.  Hon.  J.  I.  Clark  Hare,  Mr.  Henry  Wharton,  and  Mr. 
P.  Pemberton  Morris,  were  nominated  for  the  place,  but 
were  not  elected,  and  in  October,  1862,  Mr.  P.  Pember- 
ton Morris  was  asked  to  act  temporarily  in  Mr.  McCall's 
place.  In  November,  1862,  Mr.  Morris  was  elected  to  fill 
the  chair.  The  Civil  War  now  began  to  make  its  effects 
felt  in  the  decreased  attendance  upon  colleges  all  over  the 
land.  The  attendance  at  the  Law  School,  which  had  risen 
in  1860-61  to  seventy-one,  fell,  in  1861-62,  to  forty-seven 
In  1863-4  it  increased  to  sixty-two,  but  remained  under 
seventy  until  1875-6,  when  a  total  of  ninety-two  was  regis- 
tered. 

In  1868,  after  eighteen  years  of  service,  Judge  Shars- 
wood resigned  his  position  as  Dean  and  lecturer.  He 
had  just  been  elected  an  associate  justice  of  the  Supreme 
Court  of  Pennsylvania.  His  letter  to  the  trustees  expressed 
regret  in  laying  down  his  duties  and  the  pleasure  he  had 
always  found  in  fulfilling  them.      The  regret  was  more  | 

than  shared  by  the  trustees.      His  loss  was  severely  felt  |! 

in  the  Law  School,  the  attendance  dropping  from  sixty- 
three  in  1868-69,  to  forty-nine  in  1869-70. 


History  of  the  Department  of  Law.  225 

Professor  E.  Spencer  Miller  was  elected  Dean  in  Judge 
Sharswood's  place,  and  Hon.  J.  I.  Clark  Hare  was  elected 
to  the  chair  of  the  Institutes  of  Law. 

During  these  years  the  Law  School  had  remained,  in 
common  with  the  other  departments  of  the  University,  in 
the  old  building  on  Ninth  street.  The  United  States, 
however,  purchased  the  building  in  1872  for  the  purpose 
of  placing  upon  it  a  new  post  office  building.  Much 
discussion  ensued  in  regard  to  the  policy  which  should  be 
pursued  in  making  a  change  of  location.  Mr.  Miller,  him- 
self actively  engaged  in  professional  practice,  opposed  the 
plan  for  removing  the  Law  School  with  all  the  other  de- 
partments to  West  Philadelphia.  At  that  time  it  was 
very  strongly  held  that  the  law  courts  were  the  proper 
schools  for  the  students  of  law  ;  that  to  remove  these 
students  so  far  from  the  courts  would  be  to  deprive  them 
of  the  benefits  which  Philadelphia  was  thought  to  be 
peculiarly  fitted  to  present  in  her  many  courts,  in  her  dis- 
play of  legal  talents  shown  \n  legal  argument  and  the 
skilled  conduct  of  cases,  which  the  student  was  expected 
to  study  as  vivid  and  long  to  be  remembered  object  les- 
sons. The  contrary  opinion  prevailed  and  it  was  decided 
to  remove  the  school  to  West  Philadelphia  where  a 
beautiful  location  had  been  secured  near  the  river  and 
where  large  buildings  were  being  prepared.  Mr.  Miller's 
resignation  followed  (June  4,  1872,)  closely  upon  this 
decision,  and  was  accepted  with  expressions  of  apprecia- 
tion of  his  ability  and  learning,  and  of  the  great  service 
he  had  rendered  the  department  while  at  its  head.  His 
term  of  service  had  been  for  a  period  of  twenty  years,  thus 
being  longer  than  that  of  Judge  Sharswood  by  two  years. 
He  was  called  by  his  successor  "  the  clearest  and  best  law 
teacher  which  our  Bar  has  produced." 

The  new  building  was  ready  for  students  Se|)tember 
16,  1872,  and  formally  dedicated  October  11,  but  the  Law 
School  remained  in  the  building  on  Ninth  street,  the  lec- 
tures being  held  in  the  trustees  room  of  that  building,  for 


226  History  of  the  Department  of  Law. 

the  season  of  1872-73.  The  season  of  1873-74  the  Paine 
Building,  on  Ninth  street,  south  of  Locust,  was  leased  by 
the  University,  and  used  by  both  the  Law  and  Medical 
Departments. 

A  number  of  nominations  were  made  for  the  vacant 
position.  E.  Coppee  Mitchell,  W.  M.  Tilghman,  G.  Tucker 
Bispham,  James  Parsons,  Richard  L,  Ashhurst  and  Henry 
Wharton,  being  the  nominees.  E.  Coppee  Mitchell  was 
appointed  temporary  lecturer  in  October  to  fill  the  chair 
until  the  close  of  that  term.  Mr.  Mitchell  was  appointed 
in  June,  1873,  for  the  second  term,  and  in  April,  1873, 
he  was  elected  Professor  of  the  Law^  of  Real  Estate  and 
Conveyancing  and  Equity  Jurisprudence. 

It  was  now  felt  that  in  order  to  increase  the  efficiency 
of  the  institution  the  teaching  force  must  again  be  enlarged. 
Many  plans  were  proposed  and  much  discussion  took 
place.  The  standing  committee  on  the  Department  of 
Law  for  the  year  1873,  of  which  Judge  Sharswood  was 
chairman  and  Alexander  Henry,  Eli  K.  Price,  Peter  Mc- 
Call  and  N.  B.  Brown  were  members,  submitted  a  plan 
and  on  January  6,  1874,  the  Board  of  Trustees  reorgan 
ized  the  Department.  The  following  is  the  plan  as  finally 
adopted : — 

"  There  shall  be  instituted  two  new  Professorships,  one  to  be  called  of 
Personal  Relations  and  Personal  Property,  and  the  other  of  Medical 
Jurisprudence.     The  Faculty  shall  then  be  composed  as  follows: 

"I.  A  Professor  of  the  Institutes  of  Law,  to  whom  shall  be  assigned 
the  subjects  of  International  Law,  Constitutional  Law,  Conflict  of 
Laws,  Criminal  Law,  Contracts,  including  Promissory  Notes  and 
Bills  of  Exchange,  Suretyship  and  Guaranty. 

"2.  A  Professor  of  Personal  Relations  and  Personal  Property,  to  whom 
shall  be  assigned  the  subjects  of  Personal  Relations,  Corporations, 
Agency,  Partnership,  Insurance,  Title  to  Personal  Property,  Con- 
tracts of  Sale,  Bills  of  Lading,  Bailment,  Common  Carriers,  Pledges 
and  Chattel  Mortgages,  Executors  and  Administrators. 

"3.  A  Professor  of  Real  Estate,  Conveyancing,  and  Equity  Jurispru- 
dence, to  whom  these  subjects  shall  be  assigned. 


History  of  the  Department  of  Law.  227 

*'4-  A  Professor  of  Practice.  Pleading,  and  Evidence  at  Law  and  in 
Equity,  to  whom  these  subjects  shall  be  assigned. 

"  5.  A  Professor  of  Medical  Jurisprudence,  to  whom  that  subject  shall 
be  assigned. 

"There  shall  be  two  terms  in  each  year,  from  October  to  January  and 
from  Eebruary  to  May  inclusive.  The  full  course  shall  be  two 
years;  each  I'rofessor  shall  arrange  the  subjects  committed  to  him 
in  such  order  as  he  may  deem  most  expedient,  and  the  same 
shall  be  published  in  the  Catalogue. 

"Attendance  upon  the  full  course  (except  the  Lectures  of  the  Professor 
of  .Medical  Jurisprudence)  shall  be  necessary  to  obtain  the  Degree 
of  Bachelor  of  Laws.  The  fee  for  attendance  upon  the  Lectures  of 
the  Professors  (except  the  Professor  of  Medical  Jurisprudence) 
shall  be  determined  by  them,  shall  be  paid  to  the  Dean  of  the 
Faculty,  and  divided  by  him  among  the  said  four  Professors  in 
the  proportion  of  the  number  of  Lectures  delivered  by  each  re- 
spectively. 

"Anyone  of  the  Professors,  including  the  Professor  of  Medical  Juris- 
prudence, may  issue  tickets  for  his  own  course  alone  for  such  fee 
as  he  shall  determinr. 

"  Examinations,  moot  courts,  and  other  exercises  to  be  in  the  discretion 
of  the  Professors  respectively. 

"A  hall  shall  be  assigned  for  the  exclusive  use  of  the  Law  Department 
in  the  University  Building  by  the  Committee  on  Buildings  in  con- 
junction with  the  Committee  on  the  Law  Department,  where  the 
Lectures  shall  be  delivered,  which  hall  shall  be  open  for  the  use  of 
the  students  for  the  purpose  of  pursuing  their  studies  in  private,  at 
such  hours  and  under  such  regulations  as  the  Law  Faculty  shall 
determine." 

The  stereotyped  announcement  of  the  Law  Depart- 
ment which  had  scarcely  chanj^ed  in  form  for  over  twenty 
years,  at  last  altered  its  phraseology  and  gave  signs  that 
new  life  had  been  infused  into  the  old  system.  Mr.  James 
Parsons  was  elected  in  February,  1874,  to  the  chair  of 
Personal  Relations  and  Personal  Projierty;  that  of  Medical 
Jurisprudence  being  tilled  at  the  same  time  by  the  elet - 
tion  of  .Mr.  John  J.  r<.eese,  M.  D.,  who  wiLS  Prt)fessor  of 
Medical  Jurisprudence  and  Toxology  in  the  Auxiliar)- 
Department  of  Medicine.  This  latter  course,  not  being 
made  necessary  to  the   attainment   of   a  degree,  suffered 


228  History  of  the  Department  of  Law. 

as  all  courses  must  which  are  regarded  as  simply  desira- 
ble, not  necessary,  when  they  are  contrasted  with  the 
courses  which  the  student  is  obliged  to  take  to  attain  his 
degree.  Only  four  students  attended  although  it  was 
offered  for  the  next  twelve  years  to  all  students  of  the  Law 
School.  In  1887  it  was  dropped  from  the  course.  Changes 
were  made  in  the  time  of  holding  the  moot  courts ;  they 
had  previously  been  held  directly  after  the  lectures,  but 
were  now  held  upon  special  evenings  which  were  assigned 
to  them,  and  from  this  time  they  held  a  more  important 
place  in  the  life  of  the  Law  School.  The  Department  was 
still  without  a  law  library,  but  the  use  of  the  library  of 
the  Law  Association  was  secured  to  the  students  by  their 
making  an  annual  payment  of  three  dollars,  so  that  this 
great  need  was  partially  and  temporarily  filled.  The  public 
appreciation  of  all  this  effort  toward  a  higher  plane  was 
shown  by  the  fact  that  the  attendance  immediately  in- 
creased greatly,  the  year  1874-5  showing  a  registration  of 
fifty-eight,  while  that  of  1875-6  gave  a  total  of  ninety-two. 
Graduates  of  the  Department  were  admitted  to  prac- 
tice in  the  Courts  of  Common  Pleas  and  Orphans'  Court 
of  Philadelphia  in  accordance  with  the  following  rule 
adopted  in  June  1875  :  "Any  citizen  of  the  United  States 
of  full  age,  who  shall  have  been  graduated  Bachelor  of 
Laws  by  the  University  of  Pennsylvania,  after  the  course 
study  required  in  the  University,  may  be  admitted  to 
practice  as  an  Attorney  of  this  Court  if  he  shall  have  com- 
plied with  the  rule  now  in  force  as  to  the  preliminary 
examination,  and  been  registered  for  one  year  in  the  Pro- 
thonotary's  office  as  a  student  of  law  in  said  University 
by  the  Dean  of  the  Law  Faculty  thereof."  This  rule  at 
that  time  aroused  a  feeling  that  too  many  privileges  were 
conferred  on  the  Law  Department.  This  feeling  was  not 
unnatural  in  those  who  feared  that  a  mere  perfunctory 
attendance  upon  the  courses  given  was  all  that  would  be 
required  of  the  students.  It  remained  for  the  Law  School 
to  place  itself  far  above  any  such  suspicion  ;  an  accom- 


CHAMIll.K  .1:    Iiorsi:    111      Ki:i'RKSKNTATIVKS 

IN  "CONGRKSS  HAl.I, "— Iscd  as  a  lecture  room. 


OLD    DISTRICT   COURT  ROOM   IN  "  CONGRKSS 
IIAI.I.  " — Occupied  as  a  lecture  rouiu 


OLD  CRIMINAL  COURT    ROOM   IN  'NHW  COIRT 
HOUSH'— Occupied  by  the  "  Hiddle  Law  Library.  " 


VIEW  OI- gUARTi:RS  I-ROM      I  NDHPKNDKNCK 

sgrARK." 


NKU    col  KT    Mill  si'.    -In   wliicli  tl'c  liitMic   L.iu   l.U.iiti> 

and  •dminiHlrative  ofTiccH  ol  the  Law  School  were 

located  imt.'V-tlNJU. 


MOOT  col   KT   RimM       IN    "M.U    Col   l<  1    IhU  SI-; 


SOMh    \II:WS    01     <.M    M'lI.WS    IN    '•  ( .(  )N(  ,K1:SS    HAI.I.  "    AM)    "NHW    C:(  )M-' 

HOUSh  "— i8<.;5-ii/X). 


HiSTOKV  OF  THE  DEPARTMENT  OF  LaW.  229 

plishment  which  it  has  taken  years  to  completely  per- 
form, but  which  it  may  now  claim  to  have  absolutely  ful- 
filled. No  man  can  graduate  at  the  Law  School  to-day 
who  has  not  had  a  thorough,  exhaustive  and  searching 
examination  each  year  into  his  proficiency  in  any  course 
which  he  has  studied,  and  he  is  expected  and  required 
to  obtain  a  knowledge  of  the  law,  such  as  was  rarely  to 
be  secured  in  any  law  school  a  few  years  ago. 

In  1875,  it  was  provided  that  every  candidate  for  a 
degree  should  prepare  a  thesis  on  some  legal  topic,  and 
should  pass  an  examination  at  the  end  of  the  session  on 
the  subjects  studied  during  that  session.  The  latter  regu- 
lation ran  as  follows  :  "  He  shall  have  passed  an  exami- 
nation at  the  end  of  each  session  upon  the  subjects  of 
study  during  that  session.  The  examination  shall  be  con- 
ducted by  the  Faculty,  either  orally  or  in  writing,  as  they 
may  determine,  in  the  presence  of  such  of  the  members 
of  the  committee  on  the  said  Law  Department  belong- 
ing to  this  board  as  may  choose  to  attend,  and  the  mem- 
bers of  the  board  of  examiners  appointed  by  the  courts  of 
Philadelphia  may  be  present  at  the  examination  if  they 
desire  to  do  so." 

The  "  Sharswood  Prize  "  of  fifty  dollars  for  the  best 
essay  written  by  a  member  of  the  graduating  class  in 
each  year  was  established  in  1875  by  an  Alumnus  of  the 
Law  Department.  It  has  been  found  an  incentive  to  good 
work,  even  after  1894,  when  the  essay  ceased  to  be  re- 
quired as  a  prerequisite  for  a  degree.  The  first  of  these 
prizes  was  awarded  in  1876  to  Dwight  M.  Lowrey,  Esq.,  a 
graduate  of  that  year,  for  his  essay  upon  Contingent 
Estates.  In  1878,  a  prize  of  fifty  dollars  was  established  by 
the  Faculty  to  be  given  to  the  student  who  passes  the  best 
written  examinatitjn  with  all  the  professors.  The  prize  is 
now  given  in  each  of  the  three  classes.  They  are  known 
as  the  Faculty  Prizes  and  are  awarded  annually.  The 
Meredith  Prize  of  twenty-live  dollars  for  the  second  best 
graduating  e.ssay  was  established  in  1879,  and  it   aLso  is 


230  History  of  the  Department  of  Law. 

awarded  annually  to  a  member  of  the  graduating  class, 
whenever  two  essays  of  sufificient  merit  are  presented.  In 
1888,  the  Sharswood  Prize  was  increased  to  seventy-five 
dollars,  and  the  Meredith  Prize  to  fifty  dollars. 

The  classes  steadily  increased  in  numbers  and  the  Law 
School  in  prosperity  under  its  five  well  qualified  pro- 
fessors. The  next  change  in  the  Faculty  took  place  in 
1884 ;  Professor  Morris  presenting  his  resignation  after 
having  successfully  conducted  the  course  in  practice  and 
pleading  at  law  and  in  equity  for  twenty-two  years.  He 
was  succeeded  by  George  Tucker  Bispham,  Esq.,  whose 
work  on  the  Principles  of  Equity  has  an  international 
reputation,  and  who  is  to-day  the  senior  member  of  the 
faculty. 

In  1883  a  post-graduate  course  in  law  was  estab- 
lished, its  aim  being  "  to  broaden  and  deepen  the  foun- 
dations of  legal  education."  The  catalogues  announce 
that  the  method  adopted  was  "  a  comparison  of  the  sys- 
tems of  law  which  obtain  in  different  countries."  The 
course  covered  two  years ;  one  year  devoted  to  the  study 
of  the  Roman  Law  and  the  principles  which  have  grown 
out  of  it ;  the  second  to  the  study  of  the  Common  Law. 
Graduates  of  any  Law  School  of  recognized  standing  and 
members  of  the  Bar  were  eligible  as  students.  The  tui- 
tion fee  was  twenty-five  dollars.  The  graduates  received 
the  degree  of  Master  of  Laws  and  a  thesis  was  required 
during  the  second  year.  This  course  was  continued 
until  the  fall  of  1897. 

In  187 1  Miss  Carrie  S.  Burnham,  now  Mrs.  Carrie  B. 
Kilgore,  then  regularly  registered  as  a  student  in  a  law 
office,  applied  for  admission  to  the  Department.  Her 
application  was,  however,  laid  upon  the  table  by  the 
Board.  In  1881  a  second  application  was  more  success- 
ful, and  in  1883  Mrs.  Kilgore  was  graduated.  She  is, 
therefore,  the  first  woman  graduate  of  the  Law  Depart- 
ment.    Between  1883  and   1895  no  woman  was  matricu-^ 


History  of  the  Department  of  Law.  231 

lated.  Since  the  last  date,  however,  several  women  have 
been  in  attendance  on  the  lectures,  and  three  graduated. 

The  Law  Clubs  have  for  many  years  held  an  important 
position  in  the  Department.  Through  these  clubs  the 
moot  court  work  is  done,  and  nearly  all  the  men  in  the 
school  find  it  to  their  advantag^e  to  join  some  one  of  the 
organizations.  The  first  club  to  be  organized  was  the 
Sharswood  Club,  which  was  named  for  the  reorganizer 
of  the  Law  School  and  first  Dean,  Hon.  George  Shars- 
wood. The  Hare  Club  was  organized  in  1890,  and  was 
named  for  the  Hon.  J.I.  Clark  Hare,  also  eminent  for  his 
services  to  the  Law  School.  Both  clubs  have  maintained 
a  continuous  and  prosperous  existence  and  many  men  of 
prominence  at  the  bar  and  on  the  bench  have  been 
counted  among  their  members. 

The  Miller  Club  was  organized  in  189 1.  In  1893 
this  club  established  a  "  dispensary."  Persons  too  poor 
to  retain  counsel  in  the  ordinary  manner  were  given  ad- 
vice, and  after  consideration  by  a  council  the  case,  if 
meritorious,  was  taken  into  court.  This  club  is  still  strong 
and  active  and  has  a  large  membership. 

The  Kent  Club  was  organized  in  1896.  It  soon  had  a 
strong  membership,  and  grew  rapidly,  and  now,  although 
still  a  young  club,  is  in  a  very  flourishing  condition. 

The  Gibson  Chapter  of  the  Greek  Letter  Fraternity, 
Phi  Delta  Phi,  organized  in  1897,  was  the  last  club  to  be 
organized  before  the  department  moved  to  its  present 
building.* 

The  first  officer  of  the  Law  School  to  die  while 
still  in  office  was  Edward  Coppce  Mitchell,  Dean  of  the 


*  All  of  the  clubs  have  separate  rooms  in  the  Building  of  the 
Law  Department.  The  Wilson,  McKean  and  .Marshall  Clubs  have  a}' 
been  organized  since  the  removal  to  the  new  buildin;;;  the  Marshall  Club 
having  a  membership  exclusively  composed  of  the  women  law  students. 
The  policy  of  the  Department  is  to  aid  and  encourage  these  clubs  in 
their  woik.  Eacli  professor  sits  as  Judge  for  each  club  at  least  once 
each  year  ;  thus  from  November  to  March  each  evening  one  or  more 
tnoot  courts  arc  in  session. 


232  History  of  the  Department  of  Law. 

Department  from  1872  until  1887.  He  had  overtaxed  his 
strength  in  his  earnest  efforts  to  perform  all  his  duties 
and  increase  the  success  of  the  school  whose  welfare  he 
had  always  at  heart.  He  was  succeeded  in  his  office  of 
Dean  by  Professor  George  Tucker  Bispham,  while  the 
chair  of  Real  Estate  and  Conveyancing  was  filled  by  C. 
Stuart  Patterson,  Esq. 

The  year  of  1887  marked  another  advance  in  the 
history  of  the  School.  The  number  of  professorships, 
which  had  for  a  long  time  remained  stationary,  was 
increased  -by  adding  a  Professorship  of  Pleading  and 
Evidence  at  Law,  and  Criminal  Law.  This  chair  was 
filled  by  the  election  of  A.  Sydney  Biddle,  Esq.  The 
change  was  but  the  herald  of  those  to  come.  In  1888, 
Professor  Bispham  resigned  as  Dean,  and  November  6, 
1 888,  Professor  C.  Stuart  Patterson  succeeded  him  in  that 
office.  In  December  of  the  same  year,  Judge  Hare,  whose 
judicial  duties  were  onerous,  resigned  as  Professor  of  the 
Institutes,  and  the  title  of  the  chair,  a  survival  of  the  early 
days  of  Wilson  and  the  first  Professor  Hare,  was  never 
revived.  Professor  Hare  was  made  Emeritus  Professor 
of  Constitutional  Law.  His  well-known  treatise  upon  that 
subject  and  his  work  upon  the  Law  of  Contracts  are 
enduring  memorials  of  the  labor  and  learning  which  he 
besfewed  upon  the  courses  which  he  conducted.  Samuel 
S.  Hollingsworth,  Esq.,  was  elected  Professor  of  the  Law 
of  Contracts  and  Corporations,  and  Pleading  at  Law.  A 
Professorship  of  Criminal  Law  was  also  established  at  this 
time  and  George  S.  Graham,  Esq.,  at  that  time  District 
Attorney  of  Philadelphia,  was  elected  to  the  position. 

In  1887  the  feeling  that  the  Law  School  should  be 
near  the  courts  and  law  offices  dominated  the  policy  of 
the  administration,  and  the  School  returned  to  the  city 
where  it  was  accommodated  in  the  Girard  Building,  one 
of  the  recently  built  office  buildings  at  the  corner  of  Broad 
and  Chestnut  streets.  The  sixth  floor  of  this  building 
was  secured  for  the  use  of  the  Department,  and  here  was 


1111)1)1. !•    I, AW     I.IIIKAKY       iSTA<'K    KmiM 


History  of  the  Department  of  Law.  233 

also  installed  the  recently  founded  Law  Library  of  the  De- 
partment. This  Library  was  founded  in  1886  by  the  fam- 
ily of  George  Biddle  as  a  memorial  to  that  distinguished 
lawyer.  The  gift  consisted  of  over  five  thousand  vol- 
umes, including  nearly  every  regular  American  and 
English  report,  the  books  being  purchased  by  the  donors 
from  the  estate  of  Benjamin  H.  Brewster,  formerly  Attor- 
ney General  of  the  United  States.  Mr.  Effingham  B. 
Morris  also  deposited  with  the  School  965  volumes  be- 
queathed by  the  late  Professor  Morris  to  the  School,  sub- 
ject to  the  life  interest  of  Mr.  Morris.  Mr.  S.  Stanger 
Iszard  was  elected  Librarian. 

In  the  fall  of  1888  the  course  of  instruction  was  in- 
creased from  two  to  three  years.  This  increase  of  the 
term  of  instruction  was  a  necessity  if  the  School  was  to 
stand  among  the  great  Law  Schools  of  the  country  ;  two 
years  having  been  found  by  experience  to  be  too  short  a 
time  to  properly  prepare  students  for  the  legal  profession. 

When  Mr.  C.  Stuart  Patterson  succeeded  to  the  office 
of  Dean,  the  stafif  was  increased  by  the  new  system  of 
electing  the  member  of  the  graduating  class  who  at- 
tained the  highest  grade  in  the  examinations  to  be  a 
Fellow  of  the  Department,  and  the  control  of  the  financial 
affairs  of  the  School  was  placed  in  the  hands  of  the  ex- 
ecutive body  of  the  University.  At  this  time  also  the 
cust<jm  of  granting  degrees  cum  Jionore,  to  such  students 
as  should  pass  their  examinations  with  distinction  was 
instituted.  The  P.  Pemberton  Morris  Prize  was  estab- 
lished. This  is  awarded  annually  for  the  best  examination 
in  Evidence,  Pleading  and  Practice  at  Law  and  Equity. 
Increased  attendance  rewarded  all  these  changes  toward 
a  more  perfect  fulfillment  of  the  ideal  which  the  trustees 
had  set  before  them. 

In  June,  1890,  it  was  determined  to  thereafter  elect 
from  among  the  members  of  the  graduating  class,  a  stu- 
dent to  fill  the  position  of  Fellow  in  the  Faculty,  the  Fel- 
lowship to  last  for  a  term  of  three  years.     A  number  of 


234  History  of  the  Department  of  Law. 

the  present  members  of  the  Faculty,  as  will  be  seen  pres- 
ently, before  they  became  instructors  or  lecturers,  held 
Fellowships.  Those  not  otherwise  mentioned  who  have 
held  Fellowships,  are  Mr.  Charles  Henry  Burr,  Jr.,  1893- 
1896;  William  Nelson  Loflin  West,  1895-1898  ;  Joseph 
Gilfillan,  1896-1899;  Arthur  Dickson,  i<S97-i899;  Arthur 
Edward  Weil,  1899- 1900;  Thomas  R.  White,   1899- 1900. 

April  8,  1 89 1,  the  Department  lost,  through  the  death 
of  A.  Sydney  Biddle,  one  of  the  most  earnest  and  devoted 
of  the  men  who  formed  its  Faculty,  and  injune,  1894,  a 
further  loss  fell  upon  it  through  the  death  of  Samuel  S. 
Hollingsworth  who  had  been  a  favorite  professor  and  an 
earnest  worker.  The  family  of  Mr.  Biddle,  soon  after  his 
death,  donated  a  fund  of  twenty  thousand  dollars  to  the 
Law  Department  for  the  purpose  of  founding  a  chair 
whose  occupant  should  be  known  as  the  A.  Sydney  Biddle 
Professor  of  Law.  This  valuable  and  enduring  memorial 
forms  a  most  fit  monument  to  a  life  devoted  to  the  law. 
The  name  of  the  George  Biddle  Memorial  Library  was, 
at  the  same  time,  changed  to  the  **  George  and  A.  Sydney 
Biddle  Memorial  Library." 

The  increase  in  the  length  of  the  course  and  later  in 
the  number  of  students  necessitated  an  increase  in  the 
number  of  professors.  In  1890  Hon.  George  M.  Dallas, 
Judge  of  the  Circuit  Court  of  Appeals,  was  appointed 
Professor  of  the  Law  of  Torts  and  of  Evidence.  In  1893, 
Mr.  George  Wharton  Pepper,  who  had  been  a  Fellow 
since  his  graduation  from  the  Law  School,  was  appointed 
A.  Sydney  Biddle  Professor  of  Law.  In  1894,  Mr.  George 
Stuart  Patterson,  and  Mr.  Charles  C.  Townsend,  who  had 
been  appointed  Fellows,  in  1891,  were  elected  to  pro- 
fessorships. Later  in  the  same  year  Mr.  Hampton  L. 
Carson  was  elected  Professor  of  Law,  the  teaching  force 
thus  being  increased  to  nine  active  professors  and  three 
Fellows. 

In  1894  Mr.  C.  Stuart  Patterson  presented  his  resig- 
nation as  Dean,  to  take  effect  at  the  end  of  the  season  of 


History  of  the  Department  of  Law.  235 

1894-95.  During  his  incumbency  as  noticed  there  was  a 
marked  increase  in  the  numbers  matriculating  in  the  Law 
School.  The  total  number  for  the  year  that  Mr.  Patter- 
son became  Dean  was  149  ;  the  year  of  his  resignation  the 
total  registration  had  increased  to  228.  The  position  was 
not  at  once  filled,  and  in  the  interregnum  Mr.  George  S. 
Patterson,  son  of  the  former  Dean,  was  designated  Acting 
Dean  of  the  Department. 

The  number  of  students  in  the  Department  had  now 
grown  to  be  so  large  that  they  could  no  longer  be  com- 
fortably accommodated  in  the  rather  narrow  quarters  occu- 
pied by  the  Department  and  in  the  spring  of  1895  that 
portion  of  the  buildings  in  Independence  Square,  recently 
vacated  by  the  local  courts,  were,  by  the  courtesy  of  the 
city,  secured  as  a  temporary  home  until  the  Law  School 
could  find  means  to  provide  a  permanent  dwelling  place. 
The  large  upper  room  in  the  building  115  South  Sixth 
Street,  formerly  used  as  the  Criminal  Court,  was  dedicated 
to  the  uses  of  the  library.  Bookshelves  were  placed  about 
the  walls,  a  couple  of  alcoves  formed,  and  great  oak  tables 
set  about  the  central  space.  Here  for  the  next  five  years 
the  scene  was  to  be  a  busy  one,  although  as  yet  the 
library  was  not  the  great  workshop  it  was  destined  later 
to  become.  A  number  of  smaller  rooms  on  the  ground 
floor  were  set  apart  as  class  rooms  and  club  rooms.  The 
executive  offices  were  at  first  on  the  ground  lloor.  Later 
they  were  removed  to  the  smaller  rooms  oflf  the  library. 
Lecture  rooms  were  at  first  provided  in  the  small  build- 
ings connecting  Congress  Hall  with  Independence  Hall, 
but  as  the  restoration  of  Independence  Hall  was  then  going 
on,  these  small  buildings  were  marked  for  destruction,  and 
in  the  fall  of  1897  all  the  lecture  rooms  were  removed  to 
Congress  Hall.  The  large  lecture  room  on  the  first  floor 
was  the  room  once  used  as  the  meeting  place  of  the  first 
House  of  Representatives  of  the  United  States.  It  was 
the  scene  of  the  inauguration  of  President  Washington, 
^^  1793.  ^nd  also  that  of  the  elder  Adams,  in   1797,  and 


236  History  of  the  Department  of  Law. 

of  Jefferson  as  Vice-President.  The  room  on  the  second 
floor,  used  as  a  lecture  room  for  the  Third  Year  Class,  for- 
merly formed  the  anteroom  of  the  Senate  Chamber  occu- 
pied by  the  first  Congress,  It  afterward  was  used  by 
the  Supreme  Court  of  Pennsylvania.  The  members  of 
the  classes  of  1897  and  1898,  the  only  two  classes  whose 
entire  period  of  legal  study  was  passed  in  these  interest- 
ing surroundings,  felt  themselves  fortunate  in  their  mental 
atmosphere,  though  deprived  of  the  physical  comforts 
and  conveniences  which  were  to  be  so  amply  provided 
for  the  classes  who  were  to  come  after  them.  These 
quarters  for  a  time  served  fairly  well  the  needs  of  the 
Department,  although  inconvenient,  much  separated  and 
not  well  adapted  to  a  use  for  which  they  had  not  origi- 
nally been  intended. 

Mr.  William  Draper  Lewis  was  elected  Professor  of 
Law  and  Dean  of  the  Department  of  Law  in  August, 
1896.  He  is  the  first  person  holding  the  office  to  give 
his  time  exclusively  to  the  work  of  the  Law  School.  The 
next  three  years  showed  many  changes.  The  require- 
ments for  admission  to  the  Department  were  raised, 
although  the  standard  of  education  before  required  of  an 
applicant  was  equal  to  that  required  in  most  law  schools, 
and  higher  than  that  required  by  many.  All  applicants 
are  required  to  show  that  their  previous  training  has 
been  such  as  to  admit  them  to  the  college  department. 
This  change  caused  at  first  a  decrease  in  the  registration  ; 
or,  more  accurately,  prevented  the  normal  increase  which 
would  have  taken  place ;  the  registration  for  two  years 
remaining  nearly  stationary.  By  the  third  year,  however, 
this  was  overcome.  The  increase  in  the  fitness  of  the 
candidates  for  the  work  of  the  school  was  most  marked 
and  gratifying. 

Students  were  also  required  to  attend  at  least  eighty 
per  centum  of  the  lectures  in  each  year.  The  number  of  lec- 
ture hours  given  to  the  students  was  more  than  doubled, 
and  the  number  of  subjects  increased  ;  those  in  the  Third 


History  of  the  Department  of  Law.  237 

Year  gTadually  beings  made  elective,  so  that  a  much  wider 
range  of  instruction  was  offered  to  the  student,  than  had 
formerly  been  the  case.  For  some  time  the  students  had 
found  it  necessary  to  supplement  the  teaching  in  class  by 
"  quizzes"  given  bv  persons  not  connected  with  the  Law 
School,  thus  entailing  considerable  addidonal  expense 
upon  the  student.  In  1896  a  system  of  quizzes,  con- 
ducted by  the  teaching  force  of  the  Law  School,  was 
established.  This  quizzing  is  continued  at  the  present 
time,  though  necessarily  modified  as  a  result  of  the 
change  in  the  methods  of  instruction  in  class.  This 
change  will  be  spoken  of  later. 

The  American  Law  Register,  established  in  1852,  after 
many  years  of  editorship  by  men  prominent  in  the  litera- 
ture of  the  law  and  at  the  bar,  during  the  eighties  lost 
much  in  circulation  and  influence.  In  the  latter  part  of 
1891  it  was  bought  by  a  syndicate  composed  of  members 
of  the  Philadelphia  Bar  and  by  the  new  owners  placed  in 
charge  of  Mr.  George  Wharton  Pepper  and  Mr.  William 
Draper  Lewis.  Mr.  Pepper  and  Mr.  Lewis  continued  in 
sole  charge  until  January,  1894,  when  Mr.  Wm.  S.  Ellis 
was  associated  with  them.  During  1896-7  the  real  edi- 
tors were  a  committee  of  students  of  the  Law  School.  On 
January  i,  1897,  the  Register  was  adopted  by  the  Fac- 
ulty as  the  official  publication  of  the  Law  School,  and  is 
now  conducted  by  a  student  Editorial  Board,  acting  under 
the  general  supervision  of  the  Faculty. 

Since  its  foundation  the  library  had  grt)wn  by  a 
natural  accretion  of  continuations  of  sets  already  begun 
and  occasional  gifts  or  purchases.  The  library,  in  1896, 
contained  10,276  volumes.  In  this  year  steps  were  taken 
to  place  it  upon  a  plane  with  the  law  libraries  of  the  lead- 
ing universities  of  the  country.  In  the  three  and  one-half 
years  immediately  preceding  the  opening  of  the  new 
building  the  library  increased  to  twenty-two  thousand 
volumes.  By  purcha.se  were  added  conij^lete  sets  of  Colo- 
nial reports,  Scotch  and  Canadian  reports,  the  Hawaiian 


238  History  of  the  Department  of  Law. 

reports,  Australian  reports  many  sets  of  periodicals,  both 
English  and  American,  treaties  to  the  number  of  about 
three  thousand,  Treasury  decisions,  Patent  reports,  Bar  . 
Associations  reports,  ordinances,  digests  and  statutes,  and 
a  collection  of  Roman  and  Civil  Law.  It  now  shows  a 
well  rounded  development  on  every  side.  It  is  a  com- 
plete library  for  the  undergraduate,  and  it  is  hoped  that 
it  will  soon  become  a  complete  library  for  the  graduate 
student.  Since  its  foundation  the  fund  set  apart  for  its 
support  has  varied  as  the  receipts  from  the  school  have 
grown  or  decreased.  It  may  be  stated,  however,  that  a 
sum  of  at  least  $2,000  annually  for  the  first  ten  years,  when 
all  the  expenses  of  the  library  were  taken  from  the  fund, 
was  spent  upon  the  purchase  of  books.  Since  1896  the 
entire  twelve  per  cent,  has  been  devoted  to  the  purchase 
of  books.  This  has  amounted  to  between  five  and  six 
thousand  dollars  annually,  for  the  years  between  1896  and 
1899,  and  is  now  increased,  through  the  growth  of  the 
School,  to  $6,000.  To  these  annual  sums  should  be  added 
an  additional  $6,000  spent  in  1896-7,  when  the  imme- 
diate necessities  of  the  library  were  very  great.  Thus 
the  aggregate  sum  spent  may  be  stated  as  approximately 
$50,000,  though  owing  to  the  steady  increase  in  the  value 
of  the  books  already  purchased  it  would  now  require  a 
much  greater  sum  to  duplicate  the  purchases  made.  As 
a  result  therefore  of  the  wise  provision  relating  to  setting 
aside  a  considerable  portion  of  the  receipts  of  the  School, 
this  library,  founded  by  the  private  benevolence  of  a 
single  family,  has  been  so  largely  increased  that  it  has 
become  one  of  the  great  Law  Libraries  of  the  country. 

In  1896,  Mr.  Edmund  Jones  was  made  librarian.  He 
resigned  in  1897,  and  the  writer  of  this  sketch  became 
librarian. 

In  1897,  Mrs.  Arthur  Biddle,  widow  of  the  third  son 
of  Mr.  George  W.  Biddle,  presented  the  library  of  her 
deceased  husband  to  be  added  to  the  former  gift  of  the 
Biddle  family,  and  as  a  memorial  of  Mr.  Arthur  Biddle. 


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History  of  the  Department  of  Law.  239 

This  library  numbered  nearly  four  thousand  volumes.  In 
recognition  of  the  fact  that  the  library  had  now  become 
a  memorial  of  all  the  sons  of  Mr.  Biddle,  the  name, 
shortly  before  the  removal  of  the  library  to  the  new  build- 
ing, was  changed  by  the  Trustees,  with  the  approval  of 
the  family,  to  "  The  Biddle  Law  Library." 

In  1898,  Professor  James  Parsons  resigned.  He  had 
on  September  10  of  that  year  been  connected  with  the 
Law  School  as  Professor  of  Commercial  Law,  Contracts 
and  Decedent's  Estates  for  twenty-four  years.  During 
his  last  years  in  the  School  he  had  confined  his  teaching  to 
the  course  on  Partnership.  His  treatise  on  the  Law  of 
Partnership,  now  translated  into  Latin,  and  one  of  the 
few  American  law  books  used  by  continental  scholars, 
was  wTitten  for  and  used  in  connection  with  his  course  on 
that  subject.  Soon  after  his  resignation  as  professor  he 
was  made  Emeritus  Professor  of  Law,  in  recognition  of 
his  e.xtensive  learning  in  both  the  Common  and  the 
Roman  Law,  and  of  his  long  service  to  the  University.* 
Professor  Graham  was  absent  on  leave  in  1898,  and  he 
never  resumed  his  work  in  the  Law  Department.  In 
October  of  this  year  Reynolds  Driver  Brown,  Esq.,  and 
John  VV.  Patton,  Esq.,  were  elected  professors.  Professor 
Patton  agreed  to  devote  all  his  time  to  the  Law  School. 
Professor  Brown  took  most  of  the  work  in  property  ;  Pro- 
fessor Patton  the  new  courses  in  Pennsylvania  Practice. 
Mr.  William  I{.  Mikell  was  also  elected  instructor.  On 
June  4,  189S,  Professor  C.  Stuart  Patterson  presented  his 
resignation,  which  was  received  by  the  Faculty  with  reso- 
lutions of  regret. 

Profe.ssor  Charles  Cooper  Townsend,  who  had  so 
acceptably  filled  the  chair  of  Property  since  1894,  resigned 
and  cea.sed  to  teach  in  December.  His  resignation  did 
n(;t   take  effect  until  June   18,  1899.     The  student  body 


•  Professor   Parsons'    death    occurred    on   M;ircli    23,  1900,    one 
month  after  the  removal  of  the  Department  to  the  new  buildm^. 


240  History  of  the  Department  of  Law. 

testified  to  their  appreciation  of  his  work  in  the  School 
by  presenting  him  with  a  silver  loving  cup. 

Mr.  Townsend  did  not  lecture  after  Christmas,  1898. 
Mr.  John  A.  McCarthy,  a  graduate  of  the  Class  of  1892, 
was  elected  lecturer,  and  acceptably  conducted  part  of 
Mr.  Townsend's  courses  for  the  remainder  of  the  year  and 
during  the  next  scholastic  year. 

In  the  summer  of  1899,  Hon.  John  B.  McPherson, 
U.  S.  District  Judge  for  the  Eastern  District  of  Pennsyl- 
vania was  elected  Professor  of  Law,  being  assigned  the 
course  on  Insurance. 

Mr.  William  H.  Carson,  who  had  been  appointed 
lecturer  on  Carriers  in  1898,  died  in  August,  1899.  Mr. 
Carson  was  Assistant  District  Attorney  of  Camden,  N.  J., 
at  the  time  of  his  death,  and  though  still  a  young  man, 
had  shown  an  earnestness  and  devotion  to  his  chosen 
career  which  had  already  brought  him  merited  success. 

Mr.  Francis  H.  Bohlen  was  appointed  lecturer  on 
Negligence  in  1898,  and  in  1899  Mr.  Roy  Wilson  White, 
who  was  then  a  Fellow,  was  requested  to  take  up  the 
subject  of  Civil  Law,  with  the  intention  that  he  should 
devote  himself  to  the  preparation  of  courses  upon  that 
subject  and  upon  Roman  Law.  For  the  purpose  of  fully 
preparing  himself  for  his  work,  Mr.  White  was  sent 
abroad  in  1899,  and  studied  for  some  months  in  the 
University  of  Paris,  returning  to  take  up  his  work  just 
before  the  removal  to  the  new  building.* 

The  overcrowding  and  inconvenience  of  the  tempo- 
rary quarters  on  Independence  Square  was  felt,  not  alone 
in  the  library,  but  throughout  the  Department,  and  in  the 
winter  of  1897  the  announcement  was  made  that  after 
June,  1898,  the  Department  would  be  located  in  West 
Philadelphia  "  the  trustees  having  resolved  to  erect  suita- 
ble buildings  on  the  grounds  of  the  University  or  lands 

*The  hopes  and  intentions  of  the  Department  were  frustrated  by 
the  death  of  Mr.  White,  May  19,  1900,  before  he  had  entered  upon  the 
duties  of  his  lectureship. 


History  of  the  Department  of  Law.  241 

adjacent  thereto."  The  latter  alternative  was  decided 
upon  ;  land  at  the  corner  of  Thirty-fourth  and  Chestnut 
streets,  a  few  hundred  feet  from  the  campus  of  the  Univer- 
sity, was  purchased  and  plans  were  drawn  ;  the  building-, 
however,  was  not  destined  to  be  so  quickly  completed 
and  until  February  22,  1900,  the  buildings  on  Independ- 
ence Square  continued  to  shelter  the  Department. 

February  21,  1900,  the  new  building  of  the  Law 
Department  was  ready  for  occupancy  and  on  that  date 
and  the  two  succeeding  days  elaborate  ceremonies  signal- 
ized the  opening  of  the   building. 

This  formal  history  would  perhaps  be  incomplete  if 
some  account  was  not  given  of  the  changes  which  have 
taken  place  in  the  subjects  taught,  and  in  the  objects  and 
methods  of  instruction.  The  lectures  outlined  and  in 
part  given  by  the  first  Professors  Wilson  and  Hare,  were 
intended  to  give  to  the  law  student  that  which  would  fit 
him  to  act  as  a  legislator  and  political  leader  in  the  then 
new  country.  In  the  outlines,  therefore,  especially  of 
Judge  Wilson's  lectures,  we  find  the  greatest  stress  laid 
upon  Constitutional  and  International  Law.  Private  Law 
is  treated,  but  minute  and  technical  instruction  is  not  at- 
tempted. There  is  a  general  comparison  of  the  systems 
of  the  English  and  Roman  Law,  probably  with  a  view  of 
legislative  reform,  rather  than  of  application  to  the  affairs 
of  clients.  The  difference  between  the  outline  prepared 
by  Hare  and  that  prepared  by  Wilson,  shows  a  drift 
away  from  Public  Law  and  towards  Private  Law.  In  the 
latter  part  of  the  eighteenth  and  early  part  of  the  nine- 
teenth century,  the  law,  that  is  the  Private  Law,  was 
bound  up  very  largely  in  the  systems  of  Pleading  and 
Conveyancing.  These  the  student  acquired  in  the 
lawyer's  office  under  the  eye  of  his  preceptor,  and  though 
we  cannot  but  believe  that  lectures  along  the  lines  of 
Blackstone's  Commentaries  would  have  had  a  better 
chance  of  success  than  those  attempted,  in  justice  to 
Wilson  and  Hare  it  must  be  remembered,  that   the  pri- 


242  History  of  the  Department  of  Law. 

mary  need  of  law  students  at  the  time  was  probably 
instruction  in  Public  Law  and  general  questions  of  Juris- 
prudence rather  than  any  special  training  for  their  work 
as  lawyers. 

Between  the  time  of  Hare  and  that  of  Sharswood 
there  was  evidently  a  considerable  development  in  the 
attitude  of  the  law  student  towards  the  scope  of  the 
instruction  desired.  From  the  first  Judge  Sharswood  and 
his  two  fellow  Professors  were  expected  to  give  informa- 
tion on  those  subjects  which  the  students  would  have  to 
deal  with  as  practicing  lawyers.  The  students,  all  of 
whom  were  in  lawyers'  offices,  were  expected  to  obtain 
in  these  offices  a  knowledge  of  the  technicalities  of  prac- 
tice, but  it  had  become  recognized  that  they  did  not  obtain 
from  their  preceptors  systematic  information  on  the  law, 
and  this  systematic  information  the  school  was  brought 
into  existence  to  give.  There  were,  during  Judge  Shars- 
wood's  time,  no  entrance  examinations  and  no  examina- 
tions in  course.  The  Law  School  was  not  a  school  in  the 
modern  sense,  but  a  place  where  legal  information  was 
imparted  and  explanation  of  the  more  difficult  parts  of 
the  law  given.  The  real  work  of  the  student  was  still 
in  the  office.  Those  yet  living,  who  attended  Judge 
Sharswood's  lectures,  bear  enthusiastic  testimony  to  the 
way  in  which  he  accomplished  the  task  he  set  himself  to 
do.  His  discussions  of  the  law  were  clear  and  luminous, 
and  if  his  lectures  left  anything  obscure,  there  was  the 
quiz  or  discussion  to  clear  up  the  obscurity. 

After  Judge  Sharswood's  resignation,  the  school  fell 
ofT  in  numbers  because  no  one  could  quite  fill  his  place 
as  a  fountain  of  legal  information.  With  the  election  of 
E.Coppee  Mitchell  as  Dean  the  school  may  be  said  to  have 
entered  on  a  new  phase  of  its  existence.  In  the  twenty- 
five  years  which  had  passed  since  Judge  Sharswood  first 
began  to  lecture,  there  seems  to  have  been  a  still  further 
development  in  the  ideas  of  the  members  of  the  bar  and 
the  students  of  law  in  regard  to  the  things  which  they 


History  of  the  Department  of  Law.  243 

expected  the  Law  School  to  do.  Dean  Mitchell  and  the 
practically  new  Faculty  which  he  had  about  him,  recog- 
nized that  the  school  must  now  be  more  than  a  place 
where  information  on  the  law  could  be  obtained  ;  that 
hereafter  it  must  train  the  student  for  the  work  of  the 
legal  profession.  While  practice  was  still  left  to  the 
office,  the  student  was  expected  himself  to  work  in  con- 
nection with  the  lectures,  and  at  the  end  of  each  course 
he  was  regularly  examined  on  the  subject  taught.  The 
school  became  the  place  to  train  the  students  for  the 
local  bar  ;  and  it  is  no  depreciation  of  others  to  say  that 
to  Dean  Mitchell,  more  than  to  any  other  person,  is  due 
the  success  which  attended,  during  his  administration,  the 
efforts  of  the  Faculty. 

The  moment  the  point  of  view  of  the  Faculty  towards 
their  own  work  became  the  point  of  view  of  the  trainer 
rather  than  the  lecturer,  it  was  necessarily  only  a  question 
of  time  when  the  didactic  lecture  as  an  efficient  means 
towards  this  end  was  to  be  called  in  question.  The  lec- 
ture method  of  instruction  is  the  only  method  possible 
where  the  duty  of  the  teacher  ends  when  he  has  imparted 
information  ;  but  where  the  primary  object  is,  not  only  to 
see  that  the  student  obtains  information,  but  to  train  the 
student  so  that  he  may  apply  his  knowledge,  then  the 
didactic  lecture,  while  a  possible  means  of  accomplishing 
this  result,  is  one  which  the  majority  of  modern  teachers 
of  law,  as  well  as  of  other  branches  of  knowledge,  believe 
they  have  found  to  be  radically  defective.  The  first  per- 
son connected  with  the  Law  School  to  discard,  the  lecture 
system  of  instruction  was  Mr.  A.  Sydney  Biddle.  His 
method,  which  he  used  in  the  subject  of  Torts,  was  to 
direct  the  students  to  the  principal  cases  dealing  with  the 
legal  question  which  he  desired  to  discuss  in  class.  The 
class  hour  wa-s  then  devoted  to  a  discussion  between  the 
Professor  and  students  of  the  principles  involved  in  the 
cases,  with  which  all,  at  the  time  of  the  hour,  were  familiar. 
Unfortunately    Mr.    Hiddle's    death   [prevented    him    from 


244  History  of  the  Department  of  Law. 

working  out  to  his  own  satisfaction  the  method  which  he 
had  adopted.  His  point  of  view  was  that  the  student  in 
the  class  room  should  have  placed  before  him  the  concrete 
problems  which  would  meet  him  in  the  practice  of  his 
profession,  and  that  the  effort  of  the  instructor  should  be 
in  this  way  to  train  him  for  his  life's  work.  This  mental 
attitude,  thus  perhaps  first  taken  in  the  school  by  Mr. 
Biddle,  was  adopted  by  one  of  his  pupils  who  was  elected 
Fellow,  the  present  Professor  Pepper.  It  can  be  said 
that  it  is  now  the  attitude  of  the  present  teaching  force. 
Each  professor  works  out  in  his  own  way  the  teach- 
ing problem  involved.  Looking  over  the  period  of  the 
last  ten  years,  there  is  noticeably  a  distinct  drift  away  from 
lectures  and  text  books  and  towards  that  method  of  instruc- 
tion perhaps  best  known  to  all  advanced  scholars  as  the 
seminar  method,  though  among  law  teachers  it  is  some- 
times miscalled  the  case  system.  This  change  in  law 
teaching  follows  that  which  has  taken  place  in  the  teach- 
ing of  other  subjects.  The  seminar  method  is  now  em- 
ployed in  nearly  all  branches  of  education  in  this  country, 
where  the  student,  as  is  the  case  in  the  law  school,  desires 
to  obtain  knowledge  which  in  later  life  he  expects  to  apply 
in  his  business  or  profession. 

As  organized  by  Judge  Sharswood,  there  were  only 
three  members  of  the  Faculty.  These  were  expected  to 
cover  the  entire  field  of  law.  When  the  lecturer  was  not 
supposed  to  do  any  more  than  to  give  general  information, 
this  was  a  task  which  could  be  and  was  accomplished  by 
three  able  men,  even  though  their  time  was  almost  wholly 
taken  up  by  the  demands  of  their  clients  or  their  judicial 
duties.  When,  however,  it  began  to  be  recognized  that 
the  school  should  be  a  training  place  for  the  work  of  the 
profession,  the  number  of  professors  was  also  increased. 
Each  professor  was  given  less  ground  to  cover,  but  was 
expected  to  cover  it  more  minutely  and  thoroughly.  There 
were  five  professors  in  1875,  and  about  twelve  hours  of 
instruction  per  week ;  seven  professors  and  one  Fellow  in 


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History  of  the  Department  of  Law.  245 

1890  with  about  eighteen  hours  of  instruction  per  week; 
while  at  the  time  of  entering  the  new  building  there  were 
seventeen  professors  and  instructors  offering  fifty-two 
hours  of  instruction  per  week ;  thirty-eight  hours  being 
required  for  a  degree. 

From  the  necessity  of  training  the  student  as  well 
as  of  informing  him  on  the  law,  came  ultimately  another 
change,  which  has  only  taken  place  in  the  last  few  years, 
but  is  perhaps  destined  to  do  more  than  any  single  thing 
to  revolutionize  the  school.  As  long  as  all  that  was 
required  of  a  professor  was  general  information  on  legal 
subjects,  any  able  and  well-informed  lawyer  who  was  fond 
of  the  work  could  give  satisfaction.  But  the  moment 
training  by  the  teacher,  as  well  as  information,  became 
necessary,  that  moment  the  law  professor  must  not 
only  know  the  law,  but  be  an  experienced  teacher.  To 
become  an  efficient  teacher  is  in  itself  a  distinct  art  which 
requires,  not  only  natural  aptitude,  but  thought  and 
work.  The  busy  lawyer  cannot,  except  in  rare  instances, 
give  the  time  necessary  to  solve  teaching  problems.  The 
successful  modern  teacher  of  law,  therefore,  is  in  the  great 
majority  of  cases  either  a  man  who  is  devoting  practically 
his  entire  time  to  the  work  of  teaching,  or  one  who,  having 
done  this  during  his  younger  days,  has  acquired  a  train 
ing  as  a  teacher  which  he  preserves,  though  his  whole 
time  may  not  be  given  to  the  work  of  the  law  school. 
Again  the  tendency  towards  specialization  of  courses 
leads  the  profession  as  well  as  the  students  of  the  sdiool 
to  demand  minute  and  exact  information  on  the  subject 
taught.  Unless  he  is  confined  to  one  subject,  a  man  in 
active  practice  cannot  master  and  keep  abreast  with  the 
law  which  he  is  expected  to  teach  in  a  way  which  is  satis- 
factory to  the  modern  law  student.  From  both  of  these 
considerations  it  results  that,  where  a  teacher  is  asked  to 
teach  m(jre  than  one  subject,  he  must  be  asked  to  devote 
practically  his  entire  time  to  the  work  of  the  school. 
These  facts  were  recognized  by  the  Trustees  of  the  Uni- 


246  History  of  the  Department  of  Law. 

versity  in  the  year  1895,  and  they  at  once  began  to  build 
up  a  teaching  force  which  should  contain  a  nucleus 
of  men  who  had  no  other  interests  but  the  work  of  the 
Department.  At  the  time  of  entering  the  new  building, 
the  Department  contained  four  teachers  who  were  devot- 
ing their  whole  time  to  the  University.  While  it  is  un- 
likely, and  from  the  writer's  point  of  view,  undesirable  that 
the  school  will  ever  contain  a  Faculty  none  of  the  mem- 
bers of  which  are  in  active  practice,  the  proportion  of  men 
who  devote  their  whole  time  to  the  work  of  the  Depart- 
ment will  in  the  immediate  future  tend  to  increase.  Out, 
therefore,  of  this  change  in  the  attitude  of  the  Faculty 
towards  their  own  work,  from  that  of  persons  giving 
information  to  that  of  persons  training  their  scholars, 
has  come,  in  the  last  twenty- five  years,  objective  changes 
which  have  completely  revolutionized  the  entire  De- 
partment. 

During  the  last  decade  a  great  change  has  taken 
place  in  the  geographical  distribution  of  the  student 
body.  In  1890,  not  nine  per  cent,  of  the  graduates  of 
the  school  expected  to  practice  outside  of  Philadelphia. 
In  1900,  at  the  opening  of  the  new  building,  nearly  fifty 
per  cent,  of  the  students  of  the  school  came  from  a  dis- 
tance, all  parts  of  the  United  States  being  represented. 
The  school,  from  being  a  local  school,  has  become  a 
national  one.  The  change  forced  the  Faculty  to  recog- 
nize the  fact  that  their  duty  towards  the  student  did  not 
end  when  a  class  hour  was  over.  As  students  who  came 
from  a  distance  could  not  be  expected  to  enter  local 
offices,  it  became  necessary  that  the  University  provide  a 
place  of  study,  as  well  as  a  place  of  instruction,  for  the 
student  body.  The  new  building,  the  opening  of  which 
is  recounted  in  this  volume,  is  the  result.  But  the  duty 
of  a  University  towards  a  student  coming  from  a  distance 
does  not  end  even  with  providing  him  with  instruction 
and  a  place  to  study.  It  should  provide  him  for  the  time 
being  with  a  home.     For  this  reason  it  became  necessary 


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History  of  the  Department  of  Law.  247 

that  the  Law  Department's  building'  should  be  near  the 
other  University  buildings,  where  the  student  could  be 
insensibly  drawn  into  the  life  of  the  LIniversity  and  have 
healthv  occupation  for  his  hours  of  leisure. 

Again,  the  student  from  a  distance,  being  unable  to 
secure  in  the  local  offices  instruction  in  practice,  turned 
to  the  school  to  train  him  in  the  practice  as  well  as  in  the 
knowledge  of  law.  Indeed,  it  may  be  here  pointed  out, 
that,  even  had  there  not  been  a  large  increase  in  students 
coming  from  a  distance,  the  change  in  local  conditions 
would  have  forced  the  University  authorities,  not  only  to 
provide  a  place  of  study  for  local  students,  but  instruction 
in  practice.  In  the  old  days,  before  the  typewriter  and 
the  trained  clerk,  the  student  was  useful  to  his  preceptor, 
being  after  a  short  time  able  to  assist  him  in  writing  his 
letters  and  drawing  the  more  simple  legal  papers.  These 
conditions  in  a  large  city  such  as  Philadelphia,  have  been 
ior  the  last  twenty  years  practically  the  conditions  of  the 
past,  rather  than  existing  conditions.  The  law  student 
therefore  has  become  more  or  less  of  a  nuisance  in  the 
lawyer's  office,  taking  up  space  for  which  the  lawyer  has 
to  pav  at  a  much  higher  rate  than  his  predecessor.  As  a 
consequence,  many  of  the  local  students  cannot  gain 
access  to  a  lawyer's  office,  and  even  where  this  is  pos- 
sible, the  hurry  and  routine  of  modern  business  in  the 
large  majority  of  cases  prevents  the  lawyer  from  giving 
any  attention  to  his  pupils.  The  Faculty  recog-nizing  these 
conditions,  since  1897  no  student  entering  the  school  has 
been  permitted  to  graduate  unless  he  has  taken  and 
passed  an  examination  in  the  practice  of  the  jurisdiction 
in  which  he  intends  to  locate.  Special  instruction  is 
given  in  Pennsylvania,  New  Jersey  and  Delaware  Prac- 
tice, while  the  work  of  those  intending  to  practice  in 
other  states  is  regularly  suj)ervised. 

Another  change  which  has  taken  place  in  the  teach- 
ing of  the  school  in  the  last  ten  years,  which  is  an  out- 
growth   of    the   wider    geographical    distribution    of   the 


I 


248  History  of  the  Department  of  Law. 

students,  is  the  character  of  the  emphasis  which  is  placed 
in  the  instruction  on  the  decisions  of  the  State  Courts  of 
Pennsylvania.  It  was  always  recognized  by  the  Faculty 
that  the  principles  of  the  Common  Law  and  the  problems 
of  the  lawyer  were  essentially  the  same  in  all  jurisdictions  Jk 

following  the  system  of  jurisprudence  developed  by  the 
English  speaking  peoples,  and  therefore  the  student  of 
law  should  by  no  means  confine  himself  to  the  cases  in 
any  one  jurisdiction.  At  the  same  time,  where  all  the 
students  expected  to  practice  in  a  particular  jurisdiction, 
it  was  but  natural  that  the  majority  of  cases  to  which  the 
student  was  referred  were  cases  decided  by  the  courts  of  ■ 

that  jurisdiction.  When,  however,  members  of  the  stu- 
dent body  expected  to  practice  in  all  parts  of  the  United 
States,  the  Faculty  recognized  the  necessity  of  studying 
the  fundamental  questions  of  our  law  from  material  gath- 
ered from  any  court  administering  that  law,  without  undue 
emphasis  upon  the  decisions  of  any  particular  jurisdic- 
tion. Had  the  development  ended  there,  there  would  un- 
questionably have  been  a  distinct  loss  to  those  students, 
still  forming  the  majority  of  the  school,  who  expected  to 
practice  in  the  State  of  Pennsylvania.  For  while  the  Pri- 
vate Law  is  essentially  the  same  in  all  parts  of  the  United 
States  except  Louisiana,  the  courts  of  each  state  naturally 
rely  very  largely  on  their  own  decisions,  as  these  decis- 
ions are  more  familiar  to  them.  In  conjunction,  therefore, 
with  the  change  necessary  in  the  emphasis  to  be  laid  on 
Pennsylvania  cases  in  the  general  and  fundamental  courses, 
it  became  necessary  to  add  as  elective  courses  in  the  third  | 

or  graduating  year,  courses  confined  entirely  to  the  statu^-  \ 

tory  and  other  peculiarities  of  Pennsylvania  Law.     At  the  | 

same  time  the  professor  in  the  more  general  courses  is  | 

expected  to  direct  a  student  to  any  peculiarities  of  the  law  | 

of  the  state  in  which  he  expects  to  practice. 

It  was  said  recently  by  a  leading  educator  in  speak- 
ing of  the  work  done  by  a  great  University,  that  the 
highest   praise  which  he  could   give  was  the  fact  that 


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History  of  the  Department  of  Law.  249 

though  the  l^niversity  had  existed  for  many  years,  and 
the  educational  needs  of  the  country  in  that  time  had 
constantly  changed,  the  University  had  been  able  on  the 
whole  to  meet  new  conditions  as  they  arose.  This  may 
also  be  said  of  the  Law  School  of  the  University  of  Penn- 
svlvania.  During  the  fifty  years  of  its  continuous  exist- 
ence the  character  of  its  instruction,  and  the  methods  and 
ideals  of  the  Faculty  have,  as  we  have  seen,  changed 
more  than  once.  But  at  any  one  period,  with  possibly 
one  or  two  exceptions,  the  School  has  tended  to  adapt 
its  work  to  the  needs  of  the  great  body  of  those  who 
came  to  it  for  instruction. 


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